Gregory v Benham [2012] EWHC 2971 (QB) (26 October 2012)
The Master was entitled to strike out the claim due to wholesale failure to comply with procedural rules, including delay in serving particulars of claim, lack of compliance with pre-action protocol, and omission of required details in the claim form; no adequate justification was provided for the delay.
- Citation
- [2012] EWHC 2971 (QB)
- Parties
- Appellant/claimant: Kevin Gregory; Respondent/defendant: Robert Benham
- Jurisdiction
- England and Wales
- Judgment Date
- 26 October 2012
- Procedural Posture
- Appeal From Order Striking Out Claim / Appeal Judgment
- Outcome
- Appeal dismissed; Master's order upheld
- Legal Topics
- Extension of Time, Service of Particulars of Claim, Limitation Period, Compliance With Pre Action Protocol, Striking Out Claims
Case Brief
Summary, issues, holding and outcome
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Parties
Kevin Gregory
Appellant/claimant
Robert Benham
Respondent/defendant
Procedural Posture
Appeal From Order Striking Out Claim / Appeal Judgment
Legal Issues
- 1 Whether the Master erred in refusing to extend time for service of particulars of claim
- 2 Whether the claim should be struck out for procedural non-compliance
Ratio Decidendi
The Master was entitled to strike out the claim due to wholesale failure to comply with procedural rules, including delay in serving particulars of claim, lack of compliance with pre-action protocol, and omission of required details in the claim form; no adequate justification was provided for the delay.
Court Disposition
Appeal dismissed; Master's order upheld
Orders
- Claim struck out
- No extension of time for service of particulars of claim
Full Case Text
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