The claimant sought damages from his wife for personal injuries. He had been late beginning the claim, and it was served without particulars. He then failed to serve the particulars within 14 days. Totty and then Sayers had clarified the procedure for applications for extension of time.
Held: The lower courts had failed to apply the rules as required by Sayers. The tension is between the interests of the administration of justice and the effect which the granting of relief would have on each party. Here the claimant had failed entirely to do what he ought under the rules. Justice could be achieved by a Walsh v Messeldine order, restricting the claimant to the issues and evidence made known the defendant before his default.
Judges:
Lord Justice Brooke Lady Justice Hale Lord Justice Sedley
Citations:
[2003] EWCA Civ 888, Times 28-Jul-2003, [2003] 3 All ER 911
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – Totty v Snowden; Hewitt v Wirral and West Cheshire Community NHS Trust CA 31-Jul-2001
Where a party had served a claim form, but then failed to serve the particulars of claim within the appropriate time limit, the court had full discretion to allow an extension of time for service. It had been argued that the same rules applied both . .
Cited – Sayers v Clarke Walker (A firm) CA 14-May-2002
In a case of any complexity, when an appeal court considered an application for leave to appeal which was filed out of time, it should have in mind the matters listed in the rules. It was not appropriate to use judge made checklists where one was . .
Cited – Costellow v Somerset County Council CA 1993
The court asked whether it was appropriate to allow an extension of time to file an appeal: ‘Save in special cases or exceptional circumstances it can rarely be appropriate on an overall assessment of what justice requires to deny the plaintiff an . .
Cited – AEI Rediffusion Music Ltd v Phonographic Performance Ltd CA 1-Feb-1999
The copyright tribunal was given a wide discretion for the awarding of costs on applications made to it for licenses. The nature of the applications and the different basis makes it dangerous to import rules for awards from the general rules on . .
Cited – Richard Thurber Carlson v Karen Townsend CA 10-Apr-2001
A claimant’s solicitor did not like the advice given by a medical expert whose identity had been agreed with the other side and then sought to instruct a different expert without obtaining the other side’s agreement first. They sought to draw a . .
Cited – Tanfern Ltd v Cameron-MacDonald, Cameron-MacDonald CA 12-May-2000
The court gave detailed guidance on the application of the new procedures on civil appeals in private law cases introduced on May 2. Appeals from a County Court District Judge’s final decision in a multi-track case could now go straight to the Court . .
Cited – 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 – 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 . .
Applied – Dermot Gerard Richard Walsh v Andre Martin Misseldine CA 29-Feb-2000
The claimant sought damages for injuries from 1989. His claim was pursued effectively, but a four-year delay ensued after 1994. He then sought to enlarge his claim greatly by introducing a lot of new issues of which the defendant’s insurers had no . .
Cited by:
Cited – Sarah Lloyd Jones and others v T Mobile (Uk) Ltd CA 31-Jul-2003
The claimant challenged a stautory notice. The Act required the notice to be fixed to the structure in question, but because of its location, the notice was not legible without going on to private land.
Held: Appeal lay here from the County . .
Cited – Caterpillar Logistics Services (UK) Ltd v Huesca De Crean QBD 2-Dec-2011
The claimant sought an order to prevent the defendant, a former employee, from misusing its confidential information said to be held by her. Her contract contained no post employment restrictions but did seek to control confidential and other . .
Cited – Venulum Property Investments Ltd v Space Architecture Ltd and Others TCC 22-May-2013
The claimant sought an extension of time to serve the Particulars of Claim. The solicitors said that they had misread the relevant Rules.
Held: The solicitors had acted on the basis of the former practice, but the rules had been substantially . .
Lists of cited by and citing cases may be incomplete.
Personal Injury, Civil Procedure Rules
Updated: 07 June 2022; Ref: scu.184036