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Rogers & Anor v Rhys Evans (A Firm) & Ors, Court of Appeal - Administrative Court, March 30, 2000, [2000] EWHC Admin 312
1
Case No: QBENI 99/0743
IN THE SUPREME COURT OF JUDICATURE
COURT OF APPEAL
FROM THE HIGH COURT OF JUSTICE
QUEENS BENCH DIVISION
BRISTOL DISTRICT REGISTRY FROM THE
ORDER BY H.H.JUDGE DYER
Royal Courts of Justice
Strand, LONDON, WC2A 2LL
Thursday 30 March 2000
Before:
LORD JUSTICE EVANS
AND
MR JUSTICE PARKER
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Kenneth Edward Rogers & Anr
APPELLANTS
And
Rhys Evans (a firm) & Ors
RESPONDENTS
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(Transcript of the Handed Down Judgment of
Smith Bernal Reporting Limited, 180 Fleet Street
London EC4A 2HD
Tel No: 0171 421 4040 0171 421 4040, Fax No: 0171 831 8838
Official Shorthand Writers to the Court)
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Miss Barbara HEWSON (Instructed by Burges Salmon, Bristol for the Appellants)
Mr Christopher GIBSON QC & Mr Nigel GERALD (Instructed By Wansbroughs Willey Hargrave, Birmingham for the Respondents)
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Judgment
As Approved by the Court
Crown Copyright ©
ROGERS v. IDRIS DAVIES HOLDINGS LTD & Ors.
Mr Justice Jonathan Parker:
This is an appeal by the first claimant in the action, Mr Kenneth Rogers, against an Order made by His Honour Judge Dyer (sitting as a High Court Judge) on 15 April 1999, striking out the action as an abuse of process. The second claimant in the action is a company called Great Norwood Developments Ltd (I will refer to it hereafter as "GND"). The Order was made on the application of the sixth defendant in the action, Messrs Rhys Evans (a former firm of solicitors). The Judge refused Mr Rogers permission to appeal, but permission was subsequently granted on paper by Sir Anthony McCowan. Notice of appeal was subsequently issued on behalf of Mr Rogers, followed by a cross-notice on behalf of the sixth defendant seeking to affirm the judgment on the alternative basis that the action should be dismissed for want of prosecution on the ground that there has been inordinate and inexcusable delay, giving rise to serious p...
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