Howell v Weston

The appeal concerned an action for damages alleging professional negligence brought in the District Court. The plaintiff’s action had been dismissed for want of prosecution. The plaintiff sought to appeal this dismissal to the Court of Appeal.

The Court of Appeal was required to determine whether the District Court had erred in law by dismissing the action for want of prosecution, and if not, whether the Court of Appeal, in exercising its own discretion, should nevertheless dismiss the action.

The majority of the Court of Appeal found that the District Court had erred in law. They reasoned that the dismissal of the action without formal reasons, particularly after an adjournment at the plaintiff's request and the issuance of a show cause notice, did not adequately address the principles governing dismissal for want of prosecution. The court considered the plaintiff's conduct and the potential prejudice to the defendant, but ultimately concluded that the dismissal was not a proper exercise of the court's discretion.

By majority, the appeal was allowed, and the order dismissing the action was set aside.