Phillips v Willis [2016] EWCA Civ 401 (22 March 2016)

Phillips v Willis [2016] EWCA Civ 401 (22 March 2016)

The district judge was not entitled to conclude that further evidence was necessary or that the claim was unsuitable for the Stage 3 procedure; therefore, he had no power under paragraph 7.2 of PD 8B to transfer the claim to Part 7.

Citation
[2016] EWCA Civ 401
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's Case Management Decision to the Court of Appeal
Outcome
Appeal allowed
Legal Topics
RTA Protocol, Fixed Costs, Case Management, Small Claims Track, Car Hire Charges
Civil Procedure Personal Injury RTA Protocol Fixed Costs Case Management Small Claims Track Car Hire Charges

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Parties

Mr Sean Phillips

Appellant/claimant

Miss Carol Willis

Respondent/defendant

Procedural Posture

Civil Appeal / Appeal From Circuit Judge's Case Management Decision to the Court of Appeal

Legal Issues

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

Ratio Decidendi

The district judge was not entitled to conclude that further evidence was necessary or that the claim was unsuitable for the Stage 3 procedure; therefore, he had no power under paragraph 7.2 of PD 8B to transfer the claim to Part 7.

Court Disposition

Appeal allowed

Orders

  • District judge's order set aside