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James v Evans

7 August 2000
The issues

Summary dismissal under the Civil Procedure Rules. This case is very briefly reported.

The decision

The Court of Appeal upheld the judge’s decision to dismiss the action under Rule 24.2 (a) (ii) – The Times notes in its 'head note' that a judge in dealing justly with a claim had the obligation to keep the trial in proportion and to allot to an appropriate share of the resources of the court. Active management and rigorous identification of issues at an early stage and before witnesses were called to attend court would have avoided a case proceeding on directions on the basis of a three day hearing before a Circuit Judge only to be dismissed on the first day under Rule 24 (a) (ii).

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The content on this page is provided for the purposes of general interest and information. It contains only brief summaries of aspects of the subject matter and does not provide comprehensive statements of the law. It does not constitute legal advice and does not provide a substitute for it.

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