James v Evans
| Jurisdiction | England & Wales |
| Judgment Date | 21 July 2000 |
| Date | 21 July 2000 |
| Court | Court of Appeal (Civil Division) |
Court Of Appeal
Before Dame Elizabeth Butler-Sloss, President, Lord Justice Thorpe and Mr Justice Wright
Practice - party considered to have no reasonable prospect of success - summary disposal of case appropriate
To dispose of a case summarily if one party had no reasonable prospect of success was entirely appropriate and in line with the philosophy which underpinned the Civil Procedure Rules.
A judge, in dealing justly with a claim, had the obligation to keep the trial in proportion and to allot to it an appropriate share of the resources of the court.
Active management and rigorous identification of issues at an early stage and before witnesses were called to attend court would have avoided a case proceeding on directions on the basis of a three-day hearing before a circuit judge, only to be dismissed on the first day under rule 24.2(a)(ii).
The Court of Appeal (Dame Elizabeth Butler-Sloss, President, Lord Justice Thorpe and Mr Justice Wright) so stated on July 21, 2000 dismissing the appeal of the defendant, Andrew John Evans, from the order of Judge Hywel Moseley, QC, at Bridgend County Court whereby he entered judgment for the plaintiff, Gwladys James, on the ground that the defendant had no real prospect of defending the claim against him.
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