Tag Archives: Strikeout

HAVE YOU COMPLIED WITH A PEREMPTORY ORDER? A FURTHER HIGH COURT DECISION ON BREACH & SANCTIONS

 WAHID AND SHADKAM –V- SKANSKA UK PLC AND RIVERSTONE INSURANCE [2014] EWHC 251 (QB) (Mrs Justice Slade DBE). (This case has not yet been reported on Bailli and I will deal with the facts in some detail). THE FACTS This was a personal injury claim.  Both claimants were passengers in a vehicle being driven by […]

MAKE SURE YOUR WITNESS STATEMENT PROVES YOUR CASE

 The genesis of this article is a tweet earlier today where a solicitor reported that a claim for the cost of hire and storage had been struck out because the witness statement was “C entire hire, storage & recovery claim struck out on basis C failed to quantify loss in loss in w.s’ment”  A failure […]

SECOND ACTION STRUCK OUT AS AN ABUSE OF PROCESS: REPORT OF FIRST INSTANCE DECISION

Searches for “abuse of process and section action” formed more than half of the search terms that brought people to this blog earlier in the week.  It is clear that this is going to be a major subject of litigation over the next year, with cases effectively struck out when relief from sanctions is not […]

RELIEF FROM SANCTIONS GRANTED SECOND TIME AROUND: QUITE A TWIST TO THIS TALE?

The case of Thevarajah –v-Riordan has been reported before at https://civillitigationbrief.wordpress.com/2013/08/13/relief-from-sanctions-a-case-where-relief-was-refused/    when the court refused to grant relief from sanctions where the defendant had failed to comply with disclosure obligations.   However the case is now reported (on Lawtel) a second time. The defendant made a second application for relief and it was granted.   THE […]