Alison Meryl Johnson v Shaun Sawyer, Chief Constable Of Devon And Cornwall Police & Ors

Alison Meryl Johnson v Shaun Sawyer, Chief Constable Of Devon And Cornwall Police & Ors

The particulars of claim failed to disclose reasonable grounds, did not comply with procedural rules, and constituted an abuse of process; the claim against the third defendant was never properly served and had expired; the first, second, and fifth defendants' applications to strike out succeeded; relief from sanction was granted to the fifth defendant for late filing, but the claim was struck out regardless.

Parties
Claimant: Alison Meryl Johnson; First Defendant: Shaun Sawyer, Chief Constable of Devon and Cornwall Police; Second Defendant: Sarah Crew, Chief Constable of Avon and Somerset Police; Third Defendant: The Manager, Exeter Insolvency Service; Fourth Defendant: The Court Manager, Exeter Crown and County Courts; Fifth Defendant: Mr Robin Budenberg
Jurisdiction
England and Wales
Judgment Date
15 February 2023
Procedural Posture
Civil / Ruling on Strike Out and Procedural Applications
Outcome
Claim struck out against first, second, and fifth defendants; claim against third defendant dismissed for lack of service; relief from sanction granted to fifth defendant; no order as to costs for third defendant.
Legal Topics
Strike Out Applications, Summary Judgment, Service of Process, Relief From Sanction, Pleading Requirements, Costs
Civil Procedure Strike Out Applications Summary Judgment Service of Process Relief From Sanction Pleading Requirements Costs

Case Brief

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Parties

Alison Meryl Johnson

Claimant

Shaun Sawyer, Chief Constable of Devon and Cornwall Police

First Defendant

Sarah Crew, Chief Constable of Avon and Somerset Police

Second Defendant

The Manager, Exeter Insolvency Service

Third Defendant

The Court Manager, Exeter Crown and County Courts

Fourth Defendant

Mr Robin Budenberg

Fifth Defendant

Procedural Posture

Civil / Ruling on Strike Out and Procedural Applications

Legal Issues

  1. 1 Whether the claim against the third defendant was properly served and can proceed
  2. 2 Whether the particulars of claim disclose reasonable grounds and comply with procedural rules
  3. 3 Whether the first, second, and fifth defendants are entitled to strike out or summary judgment

Ratio Decidendi

The particulars of claim failed to disclose reasonable grounds, did not comply with procedural rules, and constituted an abuse of process; the claim against the third defendant was never properly served and had expired; the first, second, and fifth defendants' applications to strike out succeeded; relief from sanction was granted to the fifth defendant for late filing, but the claim was struck out regardless.

Court Disposition

Claim struck out against first, second, and fifth defendants; claim against third defendant dismissed for lack of service; relief from sanction granted to fifth defendant; no order as to costs for third defendant.

Orders

  • Claim struck out against first, second, and fifth defendants under CPR 3.4(2)
  • Claim against third defendant dismissed for lack of service