North Midland Construction Plc v Geo Networks Ltd [2015] EWHC 2384 (TCC) (07 August 2015)

North Midland Construction Plc v Geo Networks Ltd [2015] EWHC 2384 (TCC) (07 August 2015)

Relief from sanctions was granted in the Project Yellow claim due to mitigating factors and the service of Particulars of Claim, but refused in the Fibrespeed claim due to serious and significant delay, lack of good reason, and unsatisfactory conduct by the Claimant's solicitors. The Fibrespeed claim was struck out.

Citation
[2015] EWHC 2384 (TCC)
Parties
Claimant: North Midland Construction plc; Defendant: Geo Networks Ltd
Jurisdiction
England and Wales
Judgment Date
07 August 2015
Procedural Posture
Civil (technology and Construction Court) / Applications to Strike Out and for Relief From Sanctions
Outcome
Relief from sanctions granted in Project Yellow claim; refused and claim struck out in Fibrespeed claim.
Legal Topics
Relief From Sanctions, Extension of Time, Striking Out Claims, Service of Particulars of Claim, Civil Procedure Rules (cpr) 3.9
Civil Procedure Construction Law Relief From Sanctions Extension of Time Striking Out Claims Service of Particulars of Claim Civil Procedure Rules (cpr) 3.9

Case Brief

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Parties

North Midland Construction plc

Claimant

Geo Networks Ltd

Defendant

Procedural Posture

Civil (technology and Construction Court) / Applications to Strike Out and for Relief From Sanctions

Legal Issues

  1. 1 Whether the Claimant should be granted relief from sanctions for late service of Particulars of Claim in two actions
  2. 2 Whether the Defendant's applications to strike out the claims should be granted

Ratio Decidendi

Relief from sanctions was granted in the Project Yellow claim due to mitigating factors and the service of Particulars of Claim, but refused in the Fibrespeed claim due to serious and significant delay, lack of good reason, and unsatisfactory conduct by the Claimant's solicitors. The Fibrespeed claim was struck out.

Court Disposition

Relief from sanctions granted in Project Yellow claim; refused and claim struck out in Fibrespeed claim.

Orders

  • Extension of time for service of Particulars of Claim granted in Project Yellow claim.
  • Claim struck out in Fibrespeed claim.