Greig v Stirling & Anor

Greig v Stirling & Anor

The orders striking out the claim and awarding costs were set aside because the Claimant did not receive proper notice, was not given an opportunity to be heard, and the procedural requirements for service and notification under the Civil Procedure Rules were not met. The merits of the strike out application did not justify dismissal of the claim without a hearing, and the costs order was parasitic on the strike out order.

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 / Ruling on Applications 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
Civil Procedure Setting Aside Orders Relief From Sanctions Strike Out Applications Costs Orders

Case Brief

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Parties

Kenneth Greig

Claimant

Anthony Francis Stirling

First Defendant

Anthony Thomas Etridge

Second Defendant

Procedural Posture

Civil / Ruling on Applications 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
  3. 3 Whether the Claimant had notice of the orders and applications

Ratio Decidendi

The orders striking out the claim and awarding costs were set aside because the Claimant did not receive proper notice, was not given an opportunity to be heard, and the procedural requirements for service and notification under the Civil Procedure Rules were not met. The merits of the strike out application did not justify dismissal of the claim without a hearing, and the costs order was parasitic on the strike out order.

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