Melissa Maguire v Ricardo David Molin: CA 24 Jul 2002

A case had been originally dealt with under the fast track procedure, but after amendment, the amount at stake came to exceed andpound;15,000.
Held: It was permissible for a judge to continue to deal with a matter under the procedure. Relevant factors are the amount by which the claim comes to exceed the limit, and the status of the judge having conduct of the case. The rules had deliberately left the decision where it arose part way through a matter after an amendment, at the discretion of the judge. Where the increase was substantial, then the matter should normally be re-allocated, even though delay might occur.


Lord Justice Brooke, Lord Justice Dyson and Mr Justice Wall


Times 12-Aug-2002, Gazette 10-Oct-2002, [2002] EWCA Civ 1083




Civil Procedure Rules 26.8(1) 26.7(3) 26.10


England and Wales

Civil Procedure Rules

Updated: 06 June 2022; Ref: scu.174359