ORDERS EXTENDING TIME FOR SERVICE OF THE CLAIM FORM SET ASIDE: THE DUTIES OF THE APPLICANT WERE NOT COMPLIED WITH: THE CLAIMANT COMES TO GRIEF

ORDERS EXTENDING TIME FOR SERVICE OF THE CLAIM FORM SET ASIDE: THE DUTIES OF THE APPLICANT WERE NOT COMPLIED WITH: THE CLAIMANT COMES TO GRIEF

If there is any application that should make a claimant’s lawyer extremely uncomfortable it is making a without notice application to extend time for service of the claim form.  If you add to this an application (made late) for permission…

COURT OF APPEAL FIND THAT JUDGE SHOULD NOT HAVE GRANTED RELIEF FROM SANCTION FOLLOWING LATE SERVICE OF THE PARTICULARS OF CLAIM

COURT OF APPEAL FIND THAT JUDGE SHOULD NOT HAVE GRANTED RELIEF FROM SANCTION FOLLOWING LATE SERVICE OF THE PARTICULARS OF CLAIM

In the judgment today in Bangs v FM Conway Ltd [2024] EWCA Civ 1461 the Court of Appeal overturned a decision where the claimant had been given relief from sanctions against one defendant following late service of the Particulars of…

SERVICE OF THE CLAIM FORM - ERRORS AND PROBLEMS 5: SERVING THE PARTICULARS OF CLAIM LATE

SERVICE OF THE CLAIM FORM – ERRORS AND PROBLEMS 5: SERVING THE PARTICULARS OF CLAIM LATE

This is the fifth time we have looked at the judgment in Occupiers of Samuel Garside House v Bellway Homes Ltd & Anor [2024] EWHC 1579 (KB).   This time we look at another “trap for the unwary” – the Particulars of Claim were…

WHY APPLYING FOR AN EXTENSION OF TIME TO SERVE THE CLAIM FORM IS A DANGEROUS BUSINESS: A CASE TODAY AND SOME REMINDERS

WHY APPLYING FOR AN EXTENSION OF TIME TO SERVE THE CLAIM FORM IS A DANGEROUS BUSINESS: A CASE TODAY AND SOME REMINDERS

The judgment of HHJ Hodge KC in Harrington Scott Ltd v Coupe Bradbury Solicitors Ltd (PROFESSIONAL NEGLIGENCE – Solicitors – Loss of opportunity to pursue claim to trial – Damages – Defendant’s application to strike out and for summary judgment)…