Christine Bangs v FM Conway Limited & Anor

Christine Bangs v FM Conway Limited & Anor

The extension of time to serve particulars of claim is granted against the first defendant due to the prior admission of liability, absence of a factual basis for withdrawal of that admission, and the apparent strength of the claim on liability. The application is refused against the second defendant because there was no admission, the claim against it is not obviously strong, and the breach was serious with no good reason for the delay.

Parties
Claimant: Christine Bangs; First Defendant: F M Conway Limited; Second Defendant: Westminster City Council
Jurisdiction
England and Wales
Judgment Date
11 November 2024
Procedural Posture
Civil Commercial Court / Application to Extend Time for Service of Particulars of Claim; Applications to Strike Out Claim
Outcome
Application to extend time for service of particulars of claim granted against the first defendant and refused against the second defendant. Order of Bright J striking out the claim against the first defendant set aside. Claim against the second defendant remains struck out.
Legal Topics
Relief From Sanctions, Extension of Time, Strike Out Applications, Admissions and Withdrawal of Admissions, Professional Negligence
Civil Procedure Tort Relief From Sanctions Extension of Time Strike Out Applications Admissions and Withdrawal of Admissions Professional Negligence

Case Brief

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Parties

Christine Bangs

Claimant

F M Conway Limited

First Defendant

Westminster City Council

Second Defendant

Procedural Posture

Civil Commercial Court / 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 to serve particulars of claim against the defendants
  2. 2 Whether the claim 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 the first defendant's loss adjuster to the application for relief from sanctions

Ratio Decidendi

The extension of time to serve particulars of claim is granted against the first defendant due to the prior admission of liability, absence of a factual basis for withdrawal of that admission, and the apparent strength of the claim on liability. The application is refused against the second defendant because there was no admission, the claim against it is not obviously strong, and the breach was serious with no good reason for the delay.

Court Disposition

Application to extend time for service of particulars of claim granted against the first defendant and refused against the second defendant. Order of Bright J striking out the claim against the first defendant set aside. Claim against the second defendant remains struck out.

Orders

  • Extension of time to serve particulars of claim granted against the first defendant.
  • Order of Bright J striking out the claim against the first defendant set aside.