Bangs v FM Conway Ltd & Anor [2024] EWHC 494 (Comm) (27 February 2024)

Bangs v FM Conway Ltd & Anor [2024] EWHC 494 (Comm) (27 February 2024)

The extension of time for service of particulars of claim is granted against the first defendant because, despite a serious and unexplained breach, the prior admission of liability by the first defendant's loss adjuster and the apparent strength of the claim on liability constitute exceptional circumstances. Against the second defendant, the extension is refused and the claim is struck out, as there is no admission, no strong case on liability, and the breach remains serious and unexplained.

Citation
[2024] EWHC 494 (Comm)
Parties
Claimant: Christine Bangs; First Defendant: F M Conway Limited; Second Defendant: Westminster City Council
Jurisdiction
England and Wales
Judgment Date
27 February 2024
Procedural Posture
Commercial Court Claim for Property Damage / Application to Extend Time for Service of Particulars of Claim; Applications to Strike Out Claim
Outcome
Extension of time for service of particulars of claim granted against first defendant and order of Bright J set aside; application for extension refused and claim struck out against second defendant.
Legal Topics
Relief From Sanctions, Extension of Time, Strike Out Applications, Admissions and Withdrawal, Professional Negligence
Civil Procedure Tort Relief From Sanctions Extension of Time Strike Out Applications Admissions and Withdrawal Professional Negligence

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Parties

Christine Bangs

Claimant

F M Conway Limited

First Defendant

Westminster City Council

Second Defendant

Procedural Posture

Commercial Court Claim for Property Damage / Application to Extend Time for Service of Particulars of Claim; Applications to Strike Out Claim

Legal Issues

  1. 1 Whether the claimant should be granted an extension of time for service of particulars of claim
  2. 2 Whether the claims against the defendants should be struck out for failure to serve particulars of claim on time
  3. 3 Relevance of prior admission of liability by first defendant's loss adjuster to relief from sanctions

Ratio Decidendi

The extension of time for service of particulars of claim is granted against the first defendant because, despite a serious and unexplained breach, the prior admission of liability by the first defendant's loss adjuster and the apparent strength of the claim on liability constitute exceptional circumstances. Against the second defendant, the extension is refused and the claim is struck out, as there is no admission, no strong case on liability, and the breach remains serious and unexplained.

Court Disposition

Extension of time for service of particulars of claim granted against first defendant and order of Bright J set aside; application for extension refused and claim struck out against second defendant.

Orders

  • Extension of time for service of particulars of claim granted against F M Conway Limited.
  • Order of Bright J striking out claim against F M Conway Limited set aside.