Francis v F Berndes Ltd & Ors [2021] EWHC 2350 (Ch) (01 July 2021)

Francis v F Berndes Ltd & Ors [2021] EWHC 2350 (Ch) (01 July 2021)

The claimant did not issue, file, or serve an application for permission to amend the claim form and particulars of claim by the deadline set by Henderson J's order. The evidence of the claimant and his witnesses was inconsistent, unconvincing, and contradicted by contemporaneous documents. No application notice was ever produced or received by the court or the defendant. The breach of the order was serious and significant, and the claimant's explanations for the delay were inadequate. Relief from sanctions and a retrospective extension of time were refused.

Citation
[2021] EWHC 2350 (Ch)
Parties
Claimant: Patrick Francis; First Defendant: F Berndes Limited
Jurisdiction
England and Wales
Judgment Date
01 July 2021
Procedural Posture
Civil / Interlocutory Application for Permission to Amend Claim and for Relief From Sanctions
Outcome
Application dismissed
Legal Topics
Relief From Sanctions, Amendment of Pleadings, Restitution, Limitation Periods, Compliance With Court Orders
Civil Procedure Property Law Relief From Sanctions Amendment of Pleadings Restitution Limitation Periods Compliance With Court Orders

Case Brief

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Parties

Patrick Francis

Claimant

F Berndes Limited

First Defendant

Procedural Posture

Civil / Interlocutory Application for Permission to Amend Claim and for Relief From Sanctions

Legal Issues

  1. 1 Whether the claimant issued, filed and served an application for permission to amend the claim form and particulars of claim by the deadline set by Henderson J's order of 15 December 2011
  2. 2 Whether the claimant should be granted a retrospective extension of time for compliance with the order to apply for permission to amend

Ratio Decidendi

The claimant did not issue, file, or serve an application for permission to amend the claim form and particulars of claim by the deadline set by Henderson J's order. The evidence of the claimant and his witnesses was inconsistent, unconvincing, and contradicted by contemporaneous documents. No application notice was ever produced or received by the court or the defendant. The breach of the order was serious and significant, and the claimant's explanations for the delay were inadequate. Relief from sanctions and a retrospective extension of time were refused.

Court Disposition

Application dismissed

Orders

  • Claimant's application for permission to relist and amend claim dismissed
  • Claimant's application for retrospective extension of time refused