North Midland Construction Plc v Geo Networks Ltd

North Midland Construction Plc v Geo Networks Ltd

Relief from sanctions was granted in the Project Yellow claim due to mitigating factors including the short period of delay and service of the Particulars of Claim before the hearing, but refused in the Fibrespeed claim due to serious and significant delay, lack of good reason, and no extension of time having been agreed. The Defendant's application to strike out the Fibrespeed claim was allowed.

Parties
Claimant: North Midland Construction plc; Defendant: Geo Networks Ltd
Jurisdiction
England and Wales
Judgment Date
07 August 2015
Procedural Posture
Civil Construction/commercial / Application for Relief From Sanctions and Strike Out Applications
Outcome
Relief from sanctions granted in Project Yellow claim; refused in Fibrespeed claim. Project Yellow claim proceeds; Fibrespeed claim struck out.
Legal Topics
Relief From Sanctions, Extension of Time, Strike Out Applications, Service of Particulars of Claim, Case Management
Civil Procedure Construction Law Relief From Sanctions Extension of Time Strike Out Applications Service of Particulars of Claim Case Management

Case Brief

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Parties

North Midland Construction plc

Claimant

Geo Networks Ltd

Defendant

Procedural Posture

Civil Construction/commercial / Application for Relief From Sanctions and Strike Out Applications

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 allowed

Ratio Decidendi

Relief from sanctions was granted in the Project Yellow claim due to mitigating factors including the short period of delay and service of the Particulars of Claim before the hearing, but refused in the Fibrespeed claim due to serious and significant delay, lack of good reason, and no extension of time having been agreed. The Defendant's application to strike out the Fibrespeed claim was allowed.

Court Disposition

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

Orders

  • Relief from sanctions granted and extension of time for service of Particulars of Claim in HT-2014-000045 (Project Yellow)
  • Relief from sanctions refused and claim HT-2015-000036 (Fibrespeed) struck out