ISSUING PROCEEDINGS A SECOND TIME: NOT AN ABUSE OF PROCESS: HALL –v- MINISTRY OF DEFENCE EXAMINED

December 27, 2013 · by · in Applications, Avoiding negligence claims, Civil Procedure, Limitation, Members Content, Relief from sanctions

Can a claimant issue again if an action is struck because of a  failure to comply with the rules and? This is likely to become a question of considerable interest given the number of cases that are failing because of the stringency of the Mitchell criteria.  A recent High Court decision offers some ...

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