Procedural matters

Hushcroft v P & O Ferries [2010] EWCA Civ 1483

In this case the Court of Appeal held that before exercising the power in CPR r3.1(3) to attach conditions to an order, the court must first identify the purpose of imposing the condition, and must satisfy itself that the condition it had in mind was a proportionate and effective means of achieving that purpose, having regard to the order to which it was to be attached.