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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers, Leeds, Manchester & Birmingham. 4-5 Gray's Inn Square, London.
Browse: Home » Striking out
THE PARTICULARS OF CLAIM WERE TOO LONG, TOO CONFUSING AND DID NOT COMPLY WITH THE RULES.

THE PARTICULARS OF CLAIM WERE TOO LONG, TOO CONFUSING AND DID NOT COMPLY WITH THE RULES.

August 8, 2023 · by gexall · in Applications, Statements of Case, Striking out

In Halsion Limited v St Thomas Street Development Limited [2023] EWHC 2045 (TCC) HHJ Cawson KC, sitting as a High Court Judge, struck out the claimant’s Particulars of Claim.  The Particulars were too long and rambling and failed to comply…

CLAIMANT FAILS TO SERVE THE CLAIM FORM PROPERLY: DEFENDANT FAILS TO NOTICE AND APPLIES TO STRIKE OUT ACTION: APPLICATION WAS UNNECCESARY & DEFENDANT NOT AWARDED COSTS

CLAIMANT FAILS TO SERVE THE CLAIM FORM PROPERLY: DEFENDANT FAILS TO NOTICE AND APPLIES TO STRIKE OUT ACTION: APPLICATION WAS UNNECCESARY & DEFENDANT NOT AWARDED COSTS

July 17, 2023 · by gexall · in Applications, Costs, Service of the claim form

In Johnson v Devon And Cornwall Police & Ors [2023] EWHC 690 (Ch) HHJ Paul Matthews (sitting as a High Court Judge) held that a defendant should have known that the proceedings against it had not been served properly.  The…

"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 gexall · in Appeals, 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…

CLAIMANT'S CONVENTION CLAIM DISMISSED FOLLOWING ATTEMPT TO AMEND AFTER THE EXPIRY OF THE LIMITATION PERIOD

CLAIMANT’S CONVENTION CLAIM DISMISSED FOLLOWING ATTEMPT TO AMEND AFTER THE EXPIRY OF THE LIMITATION PERIOD

June 19, 2023 · by gexall · in Applications, Avoiding negligence claims, Limitation, Striking out

I am grateful to Barrister Katherine Howells for sending me a copy of the judgment in Hallett -v- TUI Airways Limited, a copy of which is available here  Approved Judgment Hallett v TUI Airways Limited.  The case deals with the…

DEFECTIVE WITNESS STATEMENTS CONSIDERED: THE MAKER OF THE STATEMENT MUST GIVE THE SOURCE OF INFORMATION AND BELIEF

DEFECTIVE WITNESS STATEMENTS CONSIDERED: THE MAKER OF THE STATEMENT MUST GIVE THE SOURCE OF INFORMATION AND BELIEF

June 5, 2023 · by gexall · in Applications, Civil evidence, Civil Procedure, Witness statements

The judgment in MF Tel Sarl v Visa Europe Ltd [2023] EWHC 1336 (Ch) records it was before “Master Marsh (sitting in retirement).  However the Master has lost none of his pre-retirement keenness for ensuring that parties filing witness statements…

THE JUDGE WAS WRONG TO STRIKE OUT A PROPERLY PLEADED CLAIM IN A PERSONAL INJURY CASE: JUDGE'S SHOULD BE ASTUTE TO DEAL WITH APPLICATIONS TO STRIKE OUT WHICH ARE, IN REALITY, APPLICATIONS FOR SUMMARY JUDGMENT

THE JUDGE WAS WRONG TO STRIKE OUT A PROPERLY PLEADED CLAIM IN A PERSONAL INJURY CASE: JUDGE’S SHOULD BE ASTUTE TO DEAL WITH APPLICATIONS TO STRIKE OUT WHICH ARE, IN REALITY, APPLICATIONS FOR SUMMARY JUDGMENT

May 24, 2023 · by gexall · in Appeals, Applications, QOCS, Striking out

The judgment of Mr Justice Choudhury in Kasongo v CRBE Ltd & Anor [2023] EWCA Civ 557 demonstrates the danger when a defendant makes an application to strike out a statement of case.  The judge allowed an appeal where a…

ANOTHER CLAIM FORM CASE - BUT WITH A DIFFERENCE: ACTION STRUCK OUT BECAUSE CLAIM FORM CONTAINED NO FACTS AT ALL

ANOTHER CLAIM FORM CASE – BUT WITH A DIFFERENCE: ACTION STRUCK OUT BECAUSE CLAIM FORM CONTAINED NO FACTS AT ALL

April 13, 2023 · by gexall · in Applications, Statements of Case, Striking out

In  Free Leisure Ltd (t/a “Cirque Le Soir”) v Peidl And Company Ltd & Anor [2023] EWHC 792 (Comm) Charles Hollander KC, sitting as a High Court judge considered the appropriate course when the “facts” section of the claim form…

DELAY BY THE CLAIMANT WAS NOT "WAREHOUSING" AND DID NOT LEAD TO A STRIKE OUT: A PARTY ALLEGING DELAY WAS ABUSE MUST ACT PROMPTLY

DELAY BY THE CLAIMANT WAS NOT “WAREHOUSING” AND DID NOT LEAD TO A STRIKE OUT: A PARTY ALLEGING DELAY WAS ABUSE MUST ACT PROMPTLY

February 2, 2023 · by gexall · in Applications, Conduct, Striking out

There are several significant aspects to the judgment of Mr Justice Eyre in Morgan Sindall Construction and Infrastructure Ltd v Capita Property and Infrastructure (Structures) Ltd & Anor [2023] EWHC 166 (TCC). Firstly the distinction between proceedings issued for the…

MAKING A MISTAKE ON THE DAMAGES CLAIM PORTAL IS NOT NECESSARILY AN ABUSE OF PROCESS: AN APPLICATION THAT PROVED COSTLY FOR THE DEFENDANT

MAKING A MISTAKE ON THE DAMAGES CLAIM PORTAL IS NOT NECESSARILY AN ABUSE OF PROCESS: AN APPLICATION THAT PROVED COSTLY FOR THE DEFENDANT

January 24, 2023 · by gexall · in Applications, Costs, Striking out

I am grateful to Express Solicitors  for sending me a report of a decision in Oxford County Court relating to the Damages Claim Portal. The claimant had used the Portal to issue against the Crown.  The Portal cannot be used…

COURT OF APPEAL DECISION: DEFENDANT SHOULD NOT HAVE BEEN GRANTED PERMISSION TO SET ASIDE NOTICE OF DISCONTINUANCE: DEFENDANT WOULD NOT HAVE BEEN ABLE TO STRIKE OUT THE CLAIM

COURT OF APPEAL DECISION: DEFENDANT SHOULD NOT HAVE BEEN GRANTED PERMISSION TO SET ASIDE NOTICE OF DISCONTINUANCE: DEFENDANT WOULD NOT HAVE BEEN ABLE TO STRIKE OUT THE CLAIM

January 18, 2023 · by gexall · in Appeals, Civil Procedure, QOCS

In  Excalibur & Keswick Groundworks Ltd v McDonald [2023] EWCA Civ 18 the Court of Appeal rejected the defendant’s appeal, which was an attempt to subvert the principles of Qualified One Way Costs Shifting (“QOCS”).  The claimant discontinued the action…

TOO MANY CLAIMANTS SPOIL THE CLAIM FORM: THREE STRIKES ... AND YOU'RE OUT

TOO MANY CLAIMANTS SPOIL THE CLAIM FORM: THREE STRIKES … AND YOU’RE OUT

July 15, 2022 · by gexall · in Applications, Civil Procedure, Personal Injury

NB THIS DECISION WAS OVERTURNED BY THE DIVISIONAL COURT.  SEE THE LATER POST ON THE DECISION HERE. In Abbott & 3,499 Ors v Ministry of Defence [2022] EWHC 1807 (QB) Master Davison rejected the claimant’s arguments that it was permissible…

COURT OF APPEAL OVERTURNS DECISION TO STRIKE OUT “UNMANAGEABLE” COURT PROCEEDINGS

July 11, 2022 · by gexall · in Abuse of Process, Appeals, Case Management

In Municipio De Mariana & Ors v BHP Group (UK) Ltd & Anor [2022] EWCA Civ 951 the Court of Appeal overturned a decision to strike out a claim.    The Court doubted whether an action could ever be described…

FAILURE TO COMPLY WITH THE RULES LEADS TO PARTS OF A CLAIMANT'S WITNESS STATEMENT BEING STRUCK OUT: COMPLY WITH THE RULES - OR ELSE

FAILURE TO COMPLY WITH THE RULES LEADS TO PARTS OF A CLAIMANT’S WITNESS STATEMENT BEING STRUCK OUT: COMPLY WITH THE RULES – OR ELSE

May 25, 2022 · by gexall · in Applications, Civil evidence, Witness statements

In Primavera Associates Ltd v Hertsmere Borough Council [2022] EWHC 1240 (Ch) HHJ Paul Matthews, sitting as a judge of the High Court, struck out parts of the claimant’s witness statement due to its failure to comply with the rules. …

WHY YOU SHOULDN'T BANK ON SUMMARY JUDGMENT: THE COURT SHOULD NOT CONDUCT A "MINI TRIAL" ON SUMMARY JUDGMENT APPLICATIONS

WHY YOU SHOULDN’T BANK ON SUMMARY JUDGMENT: THE COURT SHOULD NOT CONDUCT A “MINI TRIAL” ON SUMMARY JUDGMENT APPLICATIONS

March 15, 2022 · by gexall · in Appeals, Applications, Striking out, Summary judgment

In  Philipp v Barclays Bank UK Plc [2022] EWCA Civ 318 the Court of Appeal allowed an appeal against an order giving the defendant summary judgment in favour of the defendant bank.  The court emphasised that summary judgment applications should…

WHEN A PARTY FILES A WITNESS STATEMENT THAT DOES NOT COMPLY WITH THE RULES: THERE IS NO GOOD REASON AND THE PARTY IN DEFAULT PAYS A PRICE...

WHEN A PARTY FILES A WITNESS STATEMENT THAT DOES NOT COMPLY WITH THE RULES: THERE IS NO GOOD REASON AND THE PARTY IN DEFAULT PAYS A PRICE…

January 18, 2022 · by gexall · in Civil evidence, Civil Procedure, Witness statements

In the judgment today in  Prime London Holdings 11 Ltd v Thurloe Lodge Ltd [2022] EWHC 79 (Ch) Mr Nicholas Thompsell  (sitting as a Deputy Judge of the High Court) considered the appropriate response to a witness statement that failed…

ACTION STRUCK OUT WHEN CLAIMANT GIVES WRONG ADDRESS ON THE CLAIM FORM

ACTION STRUCK OUT WHEN CLAIMANT GIVES WRONG ADDRESS ON THE CLAIM FORM

January 18, 2022 · by gexall · in Abuse of Process, Civil Procedure, Striking out

I am grateful to solicitor  Hamish Cameron Blackie  for sending me a copy of the judgment of HHJ Bloom in Conlon -v- Ringway Infrastructure Services Ltd (County Court at Luton, 2nd December 2021) where the judge struck out an action…

CASE STRUCK OUT DUE TO CLAIMANT'S INACTIVITY: YOU CAN'T "WAREHOUSE" A COURT ACTION

CASE STRUCK OUT DUE TO CLAIMANT’S INACTIVITY: YOU CAN’T “WAREHOUSE” A COURT ACTION

January 14, 2022 · by gexall · in Abuse of Process, Applications, Striking out

In Alfozan v Quastel Midgen LLP [2022] EWHC 66 (Comm) HHJ Pearce (sitting as a High Court judge) struck out an action on the grounds of the claimant’s delay.  The case had been “warehoused” and the claimant had not adduced…

“NO SERIOUS PRIVATE PAYING LITIGANT” WOULD CONTEMPLATE SPENDING £50,000 IN COSTS FOR A £3,000 CLAIM: ACTION SHOULD NEVER HAVE BEEN ISSUED IN THE HIGH COURT

November 18, 2021 · by gexall · in Case Management, Civil Procedure, Striking out

In Johnson v Eastlight Community Homes Ltd [2021] EWHC 3069 (QB) Master Thornett accepted, in large part, a defendant’s application in a case where a claim for £3,000 had been issued in the High Court and the costs claimed by…

WHEN YOU HAVE TWO IDENTICAL ACTIONS ON THE GO AT ONCE: COURT CONSIDERS THIS AN ABUSE OF PROCESS

WHEN YOU HAVE TWO IDENTICAL ACTIONS ON THE GO AT ONCE: COURT CONSIDERS THIS AN ABUSE OF PROCESS

May 5, 2021 · by gexall · in Abuse of Process, Applications, Civil evidence, Civil Procedure, Striking out

In Dixon v Santander Asset Finance Plc & Anor [2021] EWHC 1044 (Ch) HHJ Saffman (sitting as a High Court Judge) granted the defendant summary judgment on the basis that the claim against it was clearly statute barred. The judge…

WHEN JUDGE READS A DRAFT STATEMENT AND A FINAL STATEMENT (& THERE ARE SOME IMPORTANT DIFFERENCES): LITIGANT REFUSED PERMISSION TO RELY ON EVIDENCE THAT COULD HAVE BEEN BEFORE THE COURT AT THE ORIGINAL HEARING

WHEN JUDGE READS A DRAFT STATEMENT AND A FINAL STATEMENT (& THERE ARE SOME IMPORTANT DIFFERENCES): LITIGANT REFUSED PERMISSION TO RELY ON EVIDENCE THAT COULD HAVE BEEN BEFORE THE COURT AT THE ORIGINAL HEARING

March 12, 2021 · by gexall · in Abuse of Process, Applications, Striking out, Witness statements

The judgment of Mr Justice Francis in Brack v Brack [2020] EWHC 2142 (Fam) is an example of a case where the judge has the opportunity to see a draft statement and a final statement.  The judge struck out an…

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