The court refused an appeal by the defendants from an order refusing to strike out the claim.
Held: Where the court could deal with a matter justly without striking a case out, by possibly imposing a sanction as to costs, it should do so. Here the claimant sought to rely upon a late affidavit. She should be allowed to do so on condition that she be responsible for the costs to date in any event, rather than have her claim struck out.
Judges:
Peter Langan QC
Citations:
Times 10-Jul-2003, Gazette 10-Jul-2003
Jurisdiction:
England and Wales
Citing:
Cited – Biguzzi v Rank Leisure Plc CA 26-Jul-1999
The court’s powers under the new CPR to deal with non-compliance with time limits, were wide enough to allow the court to allow re-instatement of an action previously struck out. The court could find alternative ways of dealing with any delay which . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice
Updated: 21 June 2022; Ref: scu.184529
