References: [1999] EWCA Civ 1650
Links: Bailii
Coram: Waller, Mance LJJ
Application for leave to appeal. Original leading counsel had consented to the abandonment of parts of the claim. New leading counsel now sought to revive them.
Held: The claim had little prospect of success. Leave to appeal refused.
This case cites:
- Cited – Arthur J S Hall & Co (A Firm) -v- Simons etc CA (Times 18-Dec-98, Bailii, Bailii, [1998] EWCA Civ 1943, [1999] 3 WLR 873, Bailii, [1998] EWCA Civ 3539, [1999] 1 FLR 536, [1999] PNLR 374, [1999] 2 FCR 193, [1998] NPC 162, [1999] Fam Law 215, [1999] Lloyd’s Rep PN 47)
The court considered the limits on liability for professional negligence for lawyers in conduct associated with litigation, but outside the courtroom.
Held: Though the court must balance the need for protection against negligence by lawyers . . - Cited – Sayle -v- Cooksey ([1969] 2 Lloyd’s Rep 618)
The court questioned whether the availability of an alternate remedy for a party against his solicitors should affect the decision to strike out a plaintiff’s claim. . . - Cited – Birkett -v- James HL ([1978] AC 297, [1977] 2 All ER 801, [1977] 3 WLR 38)
The court has an inherent power to strike out an action for want of prosecution, and the House set down the conditions for its exercise. The power is discretionary and exercisable only where (a) there has been inordinate and inexcusable delay and . . - Cited – Hytec Information Systems Limited -v- Council of City of Coventry CA (Times 31-Dec-96, Bailii, [1996] EWCA Civ 1099, [1997] 1 WLR 1666)
The Court directed that unless particulars were served by a specified date the defendant’s claim should be struck out. The defendant served some particulars but it was decided that the defendant had deliberately flouted the unless order and its . .
