Tomer v Atlantic Cleaning Service Ltd & Anor [2008] EWHC 1652 (QB) (04 July 2008)

Tomer v Atlantic Cleaning Service Ltd & Anor [2008] EWHC 1652 (QB) (04 July 2008)

The claim for special damages was struck out automatically by operation of the unless order due to non-compliance; no relief from sanctions was sought; even if the claim had been withdrawn rather than struck out, reinstatement would have required court permission, which would not have been granted due to delay, lack of explanation, and the hopelessness of the claim; defendants' failure to raise the unless order earlier did not amount to acquiescence sufficient to revive the claim.

Citation
[2008] EWHC 1652
Parties
Appellant/claimant: Tomer; Respondent/defendants: Atlantic Cleaning Service Ltd and Another
Jurisdiction
England and Wales
Judgment Date
04 July 2008
Procedural Posture
Appeal / Judgment on Appeal Against Order Striking Out Special Damages Claim
Outcome
Appeal dismissed
Legal Topics
Unless Orders, Relief From Sanctions, Special Damages, Acquiescence, Case Management Discretion
Civil Procedure Personal Injury Unless Orders Relief From Sanctions Special Damages Acquiescence Case Management Discretion

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 3 Authorities cited 6 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Tomer

Appellant/claimant

Atlantic Cleaning Service Ltd and Another

Respondent/defendants

Procedural Posture

Appeal / Judgment on Appeal Against Order Striking Out Special Damages Claim

Legal Issues

  1. 1 Whether the claim for special damages was struck out by operation of an unless order
  2. 2 Whether withdrawal of the claim for special damages negated the unless order
  3. 3 Whether any application for relief from sanctions or reinstatement would have succeeded

Ratio Decidendi

The claim for special damages was struck out automatically by operation of the unless order due to non-compliance; no relief from sanctions was sought; even if the claim had been withdrawn rather than struck out, reinstatement would have required court permission, which would not have been granted due to delay, lack of explanation, and the hopelessness of the claim; defendants' failure to raise the unless order earlier did not amount to acquiescence sufficient to revive the claim.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed; the order striking out the special damages claim stands; costs of the hearing to be paid by the Claimant.