Discarding Old Lumber

Marsh v Frenchay Healthcare NHS Trust (QBD TLR 13 March)

The defendants had paid money into court under Part 36 of the CPR and pursuant to rule 36.6(5) and were now seeking the court’s permission to withdraw the money. They were not entitled in support of their application, to rely on cases decided under the former RSC Order 22 rule 1(3). The old lumber could be discarded in favour of the flexible new approach, under the overriding objective of the CPR to deal justly with the case. On the facts, it was just to refuse the application.