Erskine Communications Ltd and Another v Worthington and Others
| Jurisdiction | England & Wales |
| Judgment Date | 08 July 1991 |
| Date | 08 July 1991 |
| Court | Court of Appeal (Civil Division) |
Court of Appeal
Practice - judicial discretion - no rigid formulae
The Rules of the Supreme Court were an indispensable framework for the orderly administration of justice, but no more. The general discretions they conferred should not be crammed into a set of rigid formulae.
Where, therefore, cross-applications were made for an extension of time for delivery of a statement of claim and for the dismissal of the action, there was no rule that the former should be considered first.
The Court of Appeal (Lord Justice Mustill, Lord Justice Balcombe and Lord Justice Woolf) so held on May 22 in dismissing an appeal by defendants against the exercise of discretion by Mr Justice Vinelott on February 21, 1990 dismissing their application to strike out an action and allowing the plaintiffs leave to amend and deliver a statement of claim.
LORD JUSTICE MUSTILL said that in some cases it would be sensible to start with the application for extension, in others with the dismissal and in the remainder to ook at...
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