Which route?

Donald Chadwick v Robin Hollingsworth [2010] EWCA Civ 1210 2 November

The appellant had brought proceedings for negligence against the respondent surgeon following knee replacement surgery. The appellant had applied for permission to amend his particulars of claim following instruction of a new expert. The judge granted the application but ordered the appellant to pay the costs of the proceedings to that point. The appellant appealed to the Court of Appeal. The issue of the court’s jurisdiction to hear the appeal was raised as a preliminary issue. The appellant contended that the court had jurisdiction as (1) the effect of the decision had been to strike out his original claim in its entirety; (2) the Access to Justice Act 1999 (Destination of Appeals) Order 2000 was directory in nature and did not deprive the Court of Appeal of jurisdiction.