Huscroft v P & O Ferries Ltd [2010] EWCA Civ 1483, [2010] All ER (D) 263 (Dec)
Court of Appeal, Civil Division, Sedley, Moore-Bick and Elias LJJ, 21 Dec 2010
CPR 3.1(3) does not give the court a general power to impose conditions on one or other party whenever it happens to be making an order.
Simon Myerson QC and Andrew Crouch (instructed by L A Steel Solicitors) for the claimant. Matthew Boyle (instructed by Myton Law) for the defendant.
The claimant had been employed by the defendant. He sought to recover damages for personal injury allegedly sustained at work. Prior to trial, the defendant filed an application for an order under CPR 3.1(3). A dispute arose as to that application, and thus the Court of Appeal was required to consider the construction, scope and practical application of CPR 3.1(3).
Moore-Bick LJ:
His lordship observed that the power to make a conditional order given by r 3.1(3) was couched in general terms; an unqualified condition that a sum of money be paid into court was only one kind of condition that might be imposed. Moreover,
