Mark v Universal Coatings & Services Ltd & Anor [2018] EWHC 3206 (QB) (23 November 2018)

Mark v Universal Coatings & Services Ltd & Anor [2018] EWHC 3206 (QB) (23 November 2018)

Failure to serve a medical report and schedule of loss with Particulars of Claim under Practice Direction 16 does not engage an implied sanction requiring relief from sanction under the Mitchell/Denton regime. The breaches, while not condoned, did not amount to an abuse of process justifying strike out, and more proportionate case management responses were available.

Citation
[2018] EWHC 3206 (QB)
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
Personal Injury Appeal / High Court Appeal From County Court Order Striking Out Claim
Outcome
Appeal allowed; claim reinstated
Legal Topics
Relief From Sanctions, Abuse of Process, Extension of Time for Service, Practice Direction 16 Compliance, Mitchell/denton Principles, Strike Out Applications
Civil Procedure Personal Injury Relief From Sanctions Abuse of Process Extension of Time for Service Practice Direction 16 Compliance Mitchell/denton Principles Strike Out Applications

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 20 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Mr Stephen Mark

Claimant/appellant

Universal Coatings & Services Limited

First Defendant/respondent

Barrier Limited

Second Defendant/respondent

Procedural Posture

Personal Injury Appeal / High Court Appeal From County Court Order Striking Out Claim

Legal Issues

  1. 1 Whether failure to serve a medical report and schedule of loss with Particulars of Claim engages the Mitchell/Denton relief from sanctions regime
  2. 2 Whether the claimant's procedural breaches amounted to an abuse of process justifying strike out

Ratio Decidendi

Failure to serve a medical report and schedule of loss with Particulars of Claim under Practice Direction 16 does not engage an implied sanction requiring relief from sanction under the Mitchell/Denton regime. The breaches, while not condoned, did not amount to an abuse of process justifying strike out, and more proportionate case management responses were available.

Court Disposition

Appeal allowed; claim reinstated

Orders

  • Order of HHJ Gargan striking out the claim against the First and Second Defendants set aside
  • Claim against the First and Second Defendants reinstated