Judges should be careful not to create judicial checklists which added a gloss to the civil procedure rules. The claimant’s action had been stayed automatically for not having progressed for a year. The judge applied the checklist in Annodeus to lift the stay.
Held: The use of judicially created checklists would create a satellite body of knowledge around the civil procedure rules, and may operate to change them. The rules should prevail.
Judges:
Lord Justice Pill, Lord Justice Tuckey, And, Lord Justice Jonathan Parker
Citations:
Times 31-Jan-2002, [2002]EWCA Civ 10, [2002] CP Rep 27
Links:
Jurisdiction:
England and Wales
Citing:
Questioned – Annodeus Ltd and Others v Gibson and Others ChD 2-Mar-2000
The court listed relevant issues for any strike out application on the grounds of want of prosecution, including the length of delay, the degree of compliance with court rules and orders, any prejudice to the defendant, and any effect on the trial . .
Cited by:
Explained – Woodhouse v Consignia Plc; Steliou v Compton CA 7-Mar-2002
The claimant continued an action brought in her late husband’s name. The action had begun under the former rules. After the new rules came into effect, the action was automatically stayed, since no progress had been made for over a year. Her . .
Cited – Flaxman-Binns v Lincolnshire County Council CA 5-Apr-2004
When looking at whether to lift a stay on an action imposed before the coming into effect of the Civil Procedure Rules, the court should look at each of the items listed in the rule, and should then stand back and look at the overall needs of . .
Lists of cited by and citing cases may be incomplete.
Civil Procedure Rules
Updated: 03 July 2022; Ref: scu.167472