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 special damages claim was struck out automatically by the unless order due to non-compliance, and no relief from sanctions was sought. Even if the claim had not been struck out, it was hopeless and would have been struck out on its merits. The defendants' conduct did not amount to acquiescence sufficient to revive the claim.

Citation
[2008] EWHC 1652 (QB)
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 From Case Management Order Striking Out Special Damages Claim
Outcome
Appeal dismissed
Legal Topics
Unless Orders, Relief From Sanctions, Special Damages, Case Management Discretion, Acquiescence, Striking Out Claims
Civil Procedure Personal Injury Unless Orders Relief From Sanctions Special Damages Case Management Discretion Acquiescence Striking Out Claims

Case Brief

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Parties

Tomer

Appellant/claimant

Atlantic Cleaning Service Ltd and Another

Respondent/defendants

Procedural Posture

Appeal / Judgment on Appeal From Case Management 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 the claimant could reinstate the special damages claim or obtain relief from sanctions

Ratio Decidendi

The special damages claim was struck out automatically by the unless order due to non-compliance, and no relief from sanctions was sought. Even if the claim had not been struck out, it was hopeless and would have been struck out on its merits. The defendants' conduct did not amount to acquiescence sufficient to revive the claim.

Court Disposition

Appeal dismissed

Orders

  • The order striking out the special damages claim is upheld.
  • Claimant to pay the Second Defendant's costs of the hearing.