INTERESTING FIRST INSTANCE DECISION ON STRIKING OUT SPECIAL DAMAGES BECAUSE OF DILATORY CONDUCT BY THE CLAIMANT

The 9sjs website has an interesting report of a decision in the Bow County Court where the judge struck out a claim for £220,000 on the grounds that the claimant had not complied with directions.  See the report at http://www.9sjs.com/assets/Uploads/ozbay.pdf

It appears to be a case where repeated delays by the claimant led to the need to apply for relief from sanction, although there was no peremptory order, and the judge finding that such relief should not be granted.  Permission to appeal was given.

[It may come as a surprise to many that the £220,000 claim comprised solely of car hire charges]

RELATED POSTS

There are numerous posts relating to first instance decisions in relation to CPR 3.9 in the post Jackson era.

• http://civillitigationbrief.wordpress.com/2013/10/30/extensions-of-time-when-there-is-a-minor-breach-full-transcript-in-rayyan-al-iraq-co-ltd-now-available/
• http://civillitigationbrief.wordpress.com/2013/09/04/sanctions-and-default-the-new-approach-in-practice-the-full-transcript-of-baker-v-hallam-estates/
• http://civillitigationbrief.wordpress.com/2013/08/13/relief-from-sanctions-a-case-where-relief-was-refused/
• http://civillitigationbrief.wordpress.com/2013/07/29/relief-from-sanctions-a-case-in-which-relief-was-granted-wych-v-careforce-group-ltd/
• http://civillitigationbrief.wordpress.com/2013/06/26/extensions-of-time-after-jackson-safety-firs