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 does not engage the Mitchell/Denton relief from sanctions regime as there is no express or implied sanction in the rules; the breaches, while not condoned, did not individually or collectively amount to an abuse of process justifying strike out, and more proportionate case management responses were available.

Citation
[2018] EWHC 3206
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, Service of Claim Form, Practice Directions Compliance
Civil Procedure Personal Injury Relief From Sanctions Abuse of Process Extension of Time Service of Claim Form Practice Directions Compliance

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

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

Legal Issues

  1. 1 Whether failure to serve medical report and schedule of loss with Particulars of Claim engages Mitchell/Denton relief from sanctions regime
  2. 2 Whether the claimant's conduct 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 does not engage the Mitchell/Denton relief from sanctions regime as there is no express or implied sanction in the rules; the breaches, while not condoned, did not individually or collectively 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.