Keen Phillips (A Firm) v Field [2006] EWCA Civ 1524 (26 October 2006)

Keen Phillips (A Firm) v Field [2006] EWCA Civ 1524 (26 October 2006)

The court's general case management powers under CPR Rule 3.1(2)(a) and 3.3(1) permit it to extend time and grant relief from sanction even in the absence of a formal application under CPR Rule 3.8; the judge had jurisdiction to extend time and grant relief from sanction in the circumstances of this case.

Citation
[2006] EWCA Civ 1524
Parties
Claimant/respondent: Keen Phillips (A Firm); Defendant/appellant: Field
Jurisdiction
England and Wales
Judgment Date
26 October 2006
Procedural Posture
Civil Appeal / Appeal From County Court to Court of Appeal
Outcome
appeal dismissed
Legal Topics
Relief From Sanctions, Extension of Time, Case Management Powers, CPR Rule 3.8, CPR Rule 3.1(2)(a), Summary Judgment
Civil Procedure Relief From Sanctions Extension of Time Case Management Powers CPR Rule 3.8 CPR Rule 3.1(2)(a) Summary Judgment

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 9 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Keen Phillips (A Firm)

Claimant/respondent

Field

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From County Court to Court of Appeal

Legal Issues

  1. 1 Whether the judge had jurisdiction to extend time for filing a transcript and grant relief from sanction in the absence of a formal application under CPR Rule 3.8.

Ratio Decidendi

The court's general case management powers under CPR Rule 3.1(2)(a) and 3.3(1) permit it to extend time and grant relief from sanction even in the absence of a formal application under CPR Rule 3.8; the judge had jurisdiction to extend time and grant relief from sanction in the circumstances of this case.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed.