Gladwin v Bogescu [2017] EWHC 1287 (QB) (12 June 2017)

Gladwin v Bogescu [2017] EWHC 1287 (QB) (12 June 2017)

The trial judge erred in granting relief from sanctions and adjourning the trial; given the serious and unjustified procedural default by the claimant's solicitors, the proper exercise of discretion required striking out the claim to uphold procedural discipline and the overriding objective of the Civil Procedure Rules.

Citation
[2017] EWHC 1287 (QB)
Parties
Claimant: Reece Gladwin; Defendant: Adrian Bogescu
Jurisdiction
England and Wales
Judgment Date
12 June 2017
Procedural Posture
Appeal / Judgment on Appeal From Trial Court Decision Regarding Relief From Sanctions
Outcome
Appeal allowed; claim struck out.
Legal Topics
Relief From Sanctions, Striking Out Claims, Civil Evidence Act 1995, Hearsay Evidence, Case Management, Credit Hire Claims
Civil Procedure Personal Injury Relief From Sanctions Striking Out Claims Civil Evidence Act 1995 Hearsay Evidence Case Management Credit Hire Claims

Case Brief

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Parties

Reece Gladwin

Claimant

Adrian Bogescu

Defendant

Procedural Posture

Appeal / Judgment on Appeal From Trial Court Decision Regarding Relief From Sanctions

Legal Issues

  1. 1 Whether the trial judge was correct to grant relief from sanctions for late service of witness statements
  2. 2 Whether the claim should be struck out for procedural default
  3. 3 Whether a witness statement not served in time can be relied upon as hearsay evidence

Ratio Decidendi

The trial judge erred in granting relief from sanctions and adjourning the trial; given the serious and unjustified procedural default by the claimant's solicitors, the proper exercise of discretion required striking out the claim to uphold procedural discipline and the overriding objective of the Civil Procedure Rules.

Court Disposition

Appeal allowed; claim struck out.

Orders

  • Claim struck out in its entirety.