Greig v Stirling & Anor [2014] EWHC 4017 (QB) (01 December 2014)

Greig v Stirling & Anor [2014] EWHC 4017 (QB) (01 December 2014)

The orders striking out the claim and awarding costs were set aside because the Claimant was not properly notified or served, was denied an opportunity to respond, and the procedural defaults did not justify the draconian sanction of dismissal without a hearing. The underlying claim was arguable and the interests of justice required a re-hearing.

Citation
[2014] EWHC 4017 (QB)
Parties
Claimant: Kenneth Greig; First Defendant: Anthony Francis Stirling; Second Defendant: Anthony Thomas Etridge
Jurisdiction
England and Wales
Judgment Date
01 December 2014
Procedural Posture
Civil / Application to Set Aside Orders (strike Out and Costs)
Outcome
Orders set aside; applications granted.
Legal Topics
Setting Aside Orders, Relief From Sanctions, Strike Out Applications, Costs Orders, Service of Documents
Civil Procedure Setting Aside Orders Relief From Sanctions Strike Out Applications Costs Orders Service of Documents

Case Brief

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Parties

Kenneth Greig

Claimant

Anthony Francis Stirling

First Defendant

Anthony Thomas Etridge

Second Defendant

Procedural Posture

Civil / Application to Set Aside Orders (strike Out and Costs)

Legal Issues

  1. 1 Whether the order striking out the claim against the Second Defendant should be set aside
  2. 2 Whether the costs order against the Claimant should be set aside

Ratio Decidendi

The orders striking out the claim and awarding costs were set aside because the Claimant was not properly notified or served, was denied an opportunity to respond, and the procedural defaults did not justify the draconian sanction of dismissal without a hearing. The underlying claim was arguable and the interests of justice required a re-hearing.

Court Disposition

Orders set aside; applications granted.

Orders

  • Order of 7 April 2014 striking out the claim against the Second Defendant set aside.
  • Order of 18 June 2014 awarding costs to the Second Defendant set aside.