Summary Disposal

James v Evans (TLR 2 August CA)

The trial judge had been correct in entering judgment for the claimant on the first day of a three-day hearing on the ground that the defendant had no real prospect of defending the claim. He had acted entirely appropriately and in line with the philosophy which underpinned the Civil Procedure Rules. A judge, in dealing justly with the 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 the issues at the directions stage and before witnesses were called to attend court would have avoided the case proceeding.