CLAIM STRUCK OUT, RELIEF FROM SANCTIONS REFUSED, COUNTERCLAIM CONTINUES: CLAIMANT HITS A BRICK WALL
In Edmunds v Newell & Anor  EW Misc 7 (CC) HHJ Jarman QC refused a claimant’s application for relief from sanctions. The claim was struck out but the counterclaim continued.
The claimant claimed £110,599.99 plus interest and damages for unpaid service charges. The proceedings had been adjourned to allow the Leasehold Valuation Tribunal to determine issues relating to the reasonableness of the charges and whether a breach of covenant had taken place. The Tribunal decision was largely adverse to the claimant.
The Circuit Judge in the county court then made an order in November 2019:-
“AND UPON the Court further noting that:
The Claimant has failed to comply with the directions made on the last occasion to file a case summary and draft directions
The claimant is unable to explain to the court’s satisfaction which parts, if any of the claim remained for determination once the wall works and breach of covenant claims are removed since the claim for house works in the county court proceedings and in the tribunal appear to be based on the same quotation but for different amounts (£65,766.66 in tribunal proceedings, £79,919.99 in the county court proceedings)
The Court cannot carry out proper case management of the remaining issues for trial without proper consideration being given in advance of the hearing as to what the parties consider the remaining issues are”
The matter came before HHJ Jarman QC in April 2019 when the claimant had not complied with the earlier orders.