ACTION SHOULD NOT HAVE BEEN STRUCK OUT: DENTON PRINCIPLES NOT ENGAGED IN FAILING TO SERVE PARTICULARS OF CLAIM AND MEDICAL REPORT by G Exall:
Mark v Universal Coatings & Services Ltd & Anor  EWHC 3206 (QB)
Mr Justice Martin Spencer allowed an appeal against an action being struck out. Case shouldn’t have been struck out for failure to serve POC and medical report.
ANOTHER CASE OF SERVICE OF THE CLAIM FORM GOING WRONG: GO ON – DICE WITH PROCEDURAL DEATH: WHAT COULD POSSIBLY GO WRONG by gexall When lecturing at the Zenith Chambers personal injury course this Thursday I only offered one prediction for civil procedure: “I’ll be here next year talking about claim form cases reported over the previous 12 months where things have gone wrong.” Less than 24 hours later (and from a court 500 yards away) I was – […] Read more of this post
Griffin Underwriting Ltd v Varouxakis (Free Goddess)  EWHC 3259 (Comm).
SERVICE OF THE CLAIM FORM: WHERE THINGS CAN GO WRONG FOR THE DEFENDANT: RELIEF FROM SANCTIONS REFUSED by gexall There are numerous cases reported on this blog where issues relating to service of the claim form have gone wrong for claimants. However, as we have recently seen, a failure to respond accurately and timeously to claim form issues can give rise to real difficulties for defendants (and most probably their lawyers). Certainly if I […]Read more of this post
LATE SERVICE OF THE PARTICULARS OF CLAIM AND ACCOMPANYING DOCUMENTATION: IT MAY STILL BE DANGEROUS – AND HERE’S WHYby gexall We have looked twice already at the judgment in Mark v Universal Coatings & Services Ltd & Anor  EWHC 3206 (QB). One of the key findings in that case was that the claimant, who had served the particulars of claim, medical report and schedule late, did not require relief from sanctions to serve because there was […]Read more of this post
BACK TO BASICS 18: WHEN IS A GOOD TIME TO APPLY TO EXTEND THE CLAIM FORM? NEVER, JUST NEVERby gexall An enquiry today related to service of the claim form. What was the best way to get at extension of time. My answer was short. Applying to extend claim forms is a form of (basically reckless) gambling. Defendants can always apply to set extensions of time aside. APPLYING FOR AN EXTENSION OF TIME TO SERVE […]
NON-SERVICE OF THE CLAIM FORM: MORE CLAIMANTS DICING WITH PROCEDURAL DEATH (AND LOSING): JUDGE REFUSES TO PUSH THE ENVELOPE by gexall I am grateful to David Turner QC for sending me a copy of the judgment in HHJ Klein (sitting as a High Court judge) in Capital Alternatives Sales and Marketing Ltd v Nabas & Ors  EWHC 3345 (Comm). This is a case that is very difficult to summarise. Essentially it is about errors by the […]
THE CONSEQUENCES WHEN SERVICE OF THE CLAIM FORM GOES WRONG: SOLICITOR’S LIEN OVERRIDDEN: NOT KNOWING THE RULES IN RELATION TO SERVICE AMOUNTS TO “MISCONDUCT”by gexall The judgment in Higgins & Ors v TLT LLP  EWHC 3868 (Ch) shows another case that has been made problematic because of basic errors in failure of service of the claim form. The errors made by the solicitors in that case were so great that they amounted to “misconduct” and overrode their claim to a […]Read more of this post