Mark v Universal Coatings & Services Ltd & Anor

Mark v Universal Coatings & Services Ltd & Anor

Failure to serve a medical report and schedule of loss with Particulars of Claim under CPR 16 PD 4.2 and 4.3 does not engage the Mitchell/Denton regime for relief from sanction, as no express or implied sanction applies. The breaches and procedural errors, absent deliberate misleading of the court, do not amount to abuse of process warranting strike out. The appeal is allowed and the claim reinstated.

Parties
Claimant/appellant: Mr Stephen Mark; First Defendant/respondent: Universal Coatings & Services Limited; Second Defendant/respondent: Barrier Limited
Jurisdiction
England and Wales
Judgment Date
23 November 2018
Procedural Posture
Civil Appeal / Appeal From County Court Judgment Striking Out Claim
Outcome
Appeal allowed; claim reinstated
Legal Topics
Relief From Sanction, Abuse of Process, Practice Direction Compliance, Extension of Time, Strike Out Applications
Civil Procedure Personal Injury Relief From Sanction Abuse of Process Practice Direction Compliance Extension of Time Strike Out Applications

Case Brief

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Parties

Mr Stephen Mark

Claimant/appellant

Universal Coatings & Services Limited

First Defendant/respondent

Barrier Limited

Second Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From County Court Judgment Striking Out Claim

Legal Issues

  1. 1 Whether failure to serve medical report and schedule of loss with Particulars of Claim engages Mitchell/Denton principles
  2. 2 Whether the claim should be struck out for abuse of process
  3. 3 Whether implied sanctions apply for breach of CPR 16 PD 4.2 and 4.3

Ratio Decidendi

Failure to serve a medical report and schedule of loss with Particulars of Claim under CPR 16 PD 4.2 and 4.3 does not engage the Mitchell/Denton regime for relief from sanction, as no express or implied sanction applies. The breaches and procedural errors, absent deliberate misleading of the court, do not amount to abuse of process warranting strike out. The appeal is allowed and the claim reinstated.

Court Disposition

Appeal allowed; claim reinstated

Orders

  • Claim reinstated against First and Second Defendants
  • Parties to agree a timetable for future conduct of the case