THE DANGER OF ISSUING UNDER PART 8 AND THEN DOING VERY LITTLE: COURT UPHOLDS REFUSAL TO LIFT STAY: ACTION STRUCK OUT

January 12, 2018 · by · in Abuse of Process, Applications, Civil Procedure, Conduct, Members Content, Professional negligence,, Relief from sanctions, RTA Protocol, Sanctions

I am grateful to barrister Richard Whitehall for sending me a copy of the decision of His Honour Judge Pearce in the case of Lyle -v- Allianz Insurance plc (Liverpool CC 21st December 2017). It is a case that illustrates the dangers of simply issuing and then doing nothing. The claimant issued under...

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