A self-executing order dismissing a proceeding should not be made on the first challenge to the adequacy of a pleading, particularly where the plaintiff is self-represented and the claim concerns false imprisonment. The usual course after an initial successful strike-out is to allow the plaintiff time to replead without the threat of automatic dismissal. Five weeks is insufficient time for a self-represented litigant to reformulate a complex claim. In actions concerning the liberty of the person, litigants must be afforded due opportunity to present their case.
The full text is available to signed-in members, including the 15 later cases that cite this judgment.
3 of the 15 citing cases carry a classified treatment. How each court treated it is available to signed-in members.