Jin Gumbrell v YPG Pembroke Studios Ltd

Jin Gumbrell v YPG Pembroke Studios Ltd

The claimant sufficiently complied with the unless order by supplementing the claim form with the required documents; the order was not clear enough to require a fresh standalone particulars of claim. The court and parties proceeded as if the claim was live, and the judge who made the order accepted compliance. The claim was not struck out and the appeal is allowed.

Parties
Claimant/appellant: Jin Gumbrell; Defendant/respondent: YPG Pembroke Studios Ltd
Jurisdiction
England and Wales
Judgment Date
02 April 2026
Procedural Posture
Civil Appeal / Second Appeal From County Court, Court of Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Unless Orders, Compliance With Civil Procedure Rules, Particulars of Claim, Relief From Sanctions, Part 36 Offers, Effect of Winding Up Orders
Civil Procedure Contract Law Insolvency Unless Orders Compliance With Civil Procedure Rules Particulars of Claim Relief From Sanctions Part 36 Offers +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 13 Party arguments 2 Amounts and remedies 9
Sign in to unlock

Parties

Jin Gumbrell

Claimant/appellant

YPG Pembroke Studios Ltd

Defendant/respondent

Procedural Posture

Civil Appeal / Second Appeal From County Court, Court of Appeal Judgment

Legal Issues

  1. 1 Whether the claim was struck out for failure to comply with an unless order
  2. 2 Whether the claimant complied with the order to file and serve particulars of claim
  3. 3 Whether the Part 36 offer and acceptance were valid given procedural posture

Ratio Decidendi

The claimant sufficiently complied with the unless order by supplementing the claim form with the required documents; the order was not clear enough to require a fresh standalone particulars of claim. The court and parties proceeded as if the claim was live, and the judge who made the order accepted compliance. The claim was not struck out and the appeal is allowed.

Court Disposition

Appeal allowed

Orders

  • Order of DDJ Davies dated 30 October 2023 set aside insofar as it declared the claim struck out and ordered costs against Mrs Gumbrell.
  • Parties to file written submissions on whether judgment for Mrs Gumbrell should be reinstated or case remitted for further consideration.