LOVELL v. WILLIAMS.

(1938) 62 Ll L Rep 249

COURT OF APPEAL.

Before Lord Justice Scott, Lord Justice MacKinnon and Lord Justice du Parcq.

Practice-Motor insurance-Stay of action-Frivolous and vexatious proceedings-Personal injuries sustained by plaintiff in collision with defendant's motor cycle - Proceedings commenced by plaintiff in County Court-Settlement of action-Acceptance by plaintiff of sum "in full satisfaction and discharge of all claims including any future claims for injuries sustained by me by reason of the alleged negligent driving of the [defendant]"-Subsequent discovery upon further medical examination that injuries sustained were much more serious than had been supposed at the time of the settlement-Action commenced by plaintiff in High Court-Summons issued by defendant that further proceedings be stayed on the ground that they were frivolous and vexatious and an abuse of the process of the Court, dismissed by Master but upheld on appeal by learned Judge-Appeal by plaintiff against order.