Price v Price (t/a Poppyland Headware) [2003] EWCA Civ 888 (26 June 2003)

Price v Price (t/a Poppyland Headware) [2003] EWCA Civ 888 (26 June 2003)

Extension of time for service of particulars of claim is granted only on condition that claimant may claim only such injury and loss as substantiated by pre-April 2001 medical evidence from Dr Gaffney; cumulative defaults and prejudice to defendant justify limiting scope of claim to avoid disproportionate response and unjustified windfall.

Citation
[2003] EWCA Civ 888
Parties
Claimant/appellant: Paul Terence Price; Defendant/respondent: Rosalind Price (trading as Poppyland Headware)
Jurisdiction
England and Wales
Judgment Date
26 June 2003
Procedural Posture
Personal Injury Appeal / Court of Appeal, Second Appeal From County Court
Outcome
Appeal allowed in part, extension of time granted subject to strict conditions.
Legal Topics
Extension of Time, Civil Procedure Rules, Pre Action Protocol, Judicial Discretion, Access to Justice
Civil Procedure Personal Injury Extension of Time Civil Procedure Rules Pre Action Protocol Judicial Discretion Access to Justice

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Parties

Paul Terence Price

Claimant/appellant

Rosalind Price (trading as Poppyland Headware)

Defendant/respondent

Procedural Posture

Personal Injury Appeal / Court of Appeal, Second Appeal From County Court

Legal Issues

  1. 1 Whether the claimant should be granted an extension of time to serve particulars of claim
  2. 2 Proper application of CPR 3.9 checklist
  3. 3 Effect of procedural default on access to justice

Ratio Decidendi

Extension of time for service of particulars of claim is granted only on condition that claimant may claim only such injury and loss as substantiated by pre-April 2001 medical evidence from Dr Gaffney; cumulative defaults and prejudice to defendant justify limiting scope of claim to avoid disproportionate response and unjustified windfall.

Court Disposition

Appeal allowed in part, extension of time granted subject to strict conditions.

Orders

  • Claimant may serve particulars of claim only for injury substantiated by pre-April 2001 medical evidence from Dr Gaffney and consequential losses.
  • Claimant must file and serve particulars of claim, medical evidence, and schedule of loss by 22 July 2003.