CAN A STRUCK OUT CLAIMANT ISSUE AGAIN? EXERCISE OF THE SECTION 33 DISCRETION AFTER A FIRST ACTION HAS BEEN DISMISSED.

December 11, 2013 · by · in Avoiding negligence claims, Limitation, Members Content, Service of the claim form, Striking out

One of the “open” questions following the Mitchell decision is whether a claimant refused relief from sanctions can issue again. That is an open question (which will be considered at another time).  Here we look at the court’s approach to…