Gregory v Benham [2012] EWHC 2971 (QB) (26 October 2012)

Gregory v Benham [2012] EWHC 2971 (QB) (26 October 2012)

The Master did not err in law or fact and exercised discretion correctly in refusing to extend time for service of particulars of claim and striking out the claim due to wholesale failure to comply with procedural rules and lack of adequate justification for delay.

Citation
[2012] EWHC 2971
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
Legal Topics
Extension of Time for Service, Striking Out Claim, Limitation Period, Compliance With Civil Procedure Rules
Civil Procedure Defamation Extension of Time for Service Striking Out Claim Limitation Period Compliance With Civil Procedure Rules

Case Brief

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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. 1 Whether the Master erred in refusing to extend time for service of particulars of claim
  2. 2 Whether the claim should be struck out for failure to comply with procedural rules

Ratio Decidendi

The Master did not err in law or fact and exercised discretion correctly in refusing to extend time for service of particulars of claim and striking out the claim due to wholesale failure to comply with procedural rules and lack of adequate justification for delay.

Court Disposition

Appeal dismissed

Orders

  • Claim struck out
  • No extension of time for service of particulars of claim