Shawton Engineering Ltd v DGP International Ltd & Anor

Shawton Engineering Ltd v DGP International Ltd & Anor

The judge erred in transferring the trial administratively without hearing the parties and without proper consideration of convenience and expense, as required by CPR 30.3(2). The order also failed to comply with CPR 3.3(5)(b) by not informing parties of their right to apply to set aside the order. The balance of prejudice and cost favoured holding the trial in the north-west.

Parties
Claimant/respondent: Shawton Engineering Limited; Defendant/appellant: DGP International Limited; Defendant/appellant: DGP Limited
Jurisdiction
England and Wales
Judgment Date
19 December 2003
Procedural Posture
Civil Appeal / Appeal From Case Management Order
Outcome
Appeal allowed
Legal Topics
Case Management, Transfer of Proceedings, Overriding Objective, Costs
Civil Procedure Case Management Transfer of Proceedings Overriding Objective Costs

Case Brief

Summary, issues, holding and outcome

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Parties

Shawton Engineering Limited

Claimant/respondent

DGP International Limited

Defendant/appellant

DGP Limited

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From Case Management Order

Legal Issues

  1. 1 Whether the judge erred in transferring the trial from Liverpool to London without hearing the parties
  2. 2 Whether the judge failed to consider convenience and expense as required by CPR 30.3(2)
  3. 3 Whether the order complied with procedural requirements under CPR 3.3

Ratio Decidendi

The judge erred in transferring the trial administratively without hearing the parties and without proper consideration of convenience and expense, as required by CPR 30.3(2). The order also failed to comply with CPR 3.3(5)(b) by not informing parties of their right to apply to set aside the order. The balance of prejudice and cost favoured holding the trial in the north-west.

Court Disposition

Appeal allowed

Orders

  • Judge's order transferring the trial to London discharged
  • Case management conference and trial date vacated