Phillips v Willis

Phillips v Willis

The district judge did not have power under paragraph 7.2 of Practice Direction 8B to transfer the claim to Part 7 because the preconditions were not met; no further evidence was necessary and the claim was suitable for the Stage 3 procedure. The order was irrational and disproportionate to the sum at stake.

Parties
Appellant/claimant: Mr Sean Phillips; Respondent/defendant: Miss Carol Willis
Jurisdiction
England and Wales
Judgment Date
22 March 2016
Procedural Posture
Civil Appeal / Appeal From Circuit Judge to Court of Appeal
Outcome
Appeal allowed
Legal Topics
Case Management, Road Traffic Accident Protocol, Fixed Costs, Small Claims Track, Part 7 and Part 8 Procedure
Civil Procedure Case Management Road Traffic Accident Protocol Fixed Costs Small Claims Track Part 7 and Part 8 Procedure

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Parties

Mr Sean Phillips

Appellant/claimant

Miss Carol Willis

Respondent/defendant

Procedural Posture

Civil Appeal / Appeal From Circuit Judge to Court of Appeal

Legal Issues

  1. 1 Whether the district judge had power under paragraph 7.2 of Practice Direction 8B to order that the claim should continue under Part 7 instead of the Stage 3 procedure

Ratio Decidendi

The district judge did not have power under paragraph 7.2 of Practice Direction 8B to transfer the claim to Part 7 because the preconditions were not met; no further evidence was necessary and the claim was suitable for the Stage 3 procedure. The order was irrational and disproportionate to the sum at stake.

Court Disposition

Appeal allowed

Orders

  • District judge's order set aside