NUMEROUS BREACHES DO NOT LEAD TO ACTION BEING STRUCK OUT: COURT OF APPEAL DECISION TODAY
In Commissioner of Police of the Metropolis -v- Abdulle [2015]EWCA Civ 1260 the Court of Appeal upheld a first instance decision not to strike out a claim because of numerous (and serious) breaches of non-peremptory orders. “… the behaviour of…
WHEN THE COURT FAILS TO SERVE: AN IRREGULAR JUDGMENT MUST BE SET ASIDE
In Tanir -v- Tanir [2015] EWHC 3363 (QB) Mr Justice Garnham found that the court had failed to serve the claim form and, consequently, a judgment had to be set aside. The court had no discretion to act otherwise. “The…
