Price v Price (t/a Poppyland Headware)

Price v Price (t/a Poppyland Headware)

The appeal was allowed to the extent that the claimant may serve particulars of claim only on condition that he claims only such injury as substantiated by medical evidence received from Dr Gaffney prior to April 2001 and consequential losses, and files and serves particulars by a set date. This conditional extension was a proportionate response balancing the interests of justice, the claimant's right of access to the court, and the defendant's entitlement to fair procedure.

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
Civil Appeal Personal Injury / Appeal From Order Striking Out Action for Late Service of Particulars of Claim
Outcome
Appeal allowed in part, conditional extension of time granted
Legal Topics
Extension of Time, Striking Out, Civil Procedure Rules (cpr), Pre Action Protocol, Judicial Discretion, Costs
Civil Procedure Personal Injury Extension of Time Striking Out Civil Procedure Rules (cpr) Pre Action Protocol Judicial Discretion Costs

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Parties

Paul Terence Price

Claimant/appellant

Rosalind Price (trading as Poppyland Headware)

Defendant/respondent

Procedural Posture

Civil Appeal Personal Injury / Appeal From Order Striking Out Action for Late Service of Particulars of Claim

Legal Issues

  1. 1 Whether the court should grant an extension of time for service of particulars of claim after significant delay
  2. 2 Whether the claimant's action should be struck out for procedural default
  3. 3 Proper application of CPR 3.9 checklist in granting relief from sanctions

Ratio Decidendi

The appeal was allowed to the extent that the claimant may serve particulars of claim only on condition that he claims only such injury as substantiated by medical evidence received from Dr Gaffney prior to April 2001 and consequential losses, and files and serves particulars by a set date. This conditional extension was a proportionate response balancing the interests of justice, the claimant's right of access to the court, and the defendant's entitlement to fair procedure.

Court Disposition

Appeal allowed in part, conditional extension of time granted

Orders

  • Claimant may serve particulars of claim only for injury substantiated by pre-April 2001 medical evidence from Dr Gaffney and consequential losses, with particulars and evidence to be filed and served by 22nd July 2003.
  • Costs order made by Judge O’Brien below to stand.