"GIVEN THE INCOMPETENT WAY THE LITIGATION HAD BEEN CONDUCTED TO DATE": CIRCUIT JUDGE WAS RIGHT TO REFUSE AND ADJOURNMENT AND RIGHT IN STRIKING OUT THE CLAIM

“GIVEN THE INCOMPETENT WAY THE LITIGATION HAD BEEN CONDUCTED TO DATE”: CIRCUIT JUDGE WAS RIGHT TO REFUSE AND ADJOURNMENT AND RIGHT IN STRIKING OUT THE CLAIM

June 28, 2023 · by · in Appeals, Members Content, Striking out

In Brem v Clark & Anor [2023] EWHC 1358 (KB) Mr Justice Martin Spencer dismissed an appeal against a decision to strike out an action.  The claimant’s counsel failed to attend at the hearing, but the judge was correct to…

ANOTHER CLAIM FORM ISSUE: NO SEAL NO CASE: "SERVICE MEANS HAVING A SEALED CLAIM FORM IN HAND WHICH CAN BE PROVIDED TO THE DEFENDANT"

ANOTHER CLAIM FORM ISSUE: NO SEAL NO CASE: “SERVICE MEANS HAVING A SEALED CLAIM FORM IN HAND WHICH CAN BE PROVIDED TO THE DEFENDANT”

June 28, 2023 · by · in Appeals, Court fees, Members Content, Service of the claim form

In Clewer v Higgs & Sons (a firm) [2023] EWHC 1556 (Ch) Mr Justice Adam Johnson upheld a decision that the claimants had failed to serve a claim form properly.  The judge held that the requirement to serve a sealed…