Couper v Irwin Mitchell LLP & Ors [2017] EWHC 3231 (Ch) (13 December 2017)

Couper v Irwin Mitchell LLP & Ors [2017] EWHC 3231 (Ch) (13 December 2017)

Mr Couper's claim against Lord Thomas was within the scope of the ECRO and was automatically struck out for failure to obtain prior permission; relief from sanction was refused due to the seriousness of the breach and lack of good excuse, but permission was granted to issue a fresh claim.

Citation
[2017] EWHC 3231 (Ch)
Parties
Claimant: Max Couper; Defendant: Irwin Mitchell LLP; Defendant: Irwin Mitchell; Defendant: Lord Thomas of Gresford OBE QC
Jurisdiction
England and Wales
Judgment Date
13 December 2017
Procedural Posture
Professional Negligence Claim / Application to Strike Out and for Permission to Issue Claim
Outcome
Claim against Lord Thomas struck out; relief from sanction refused; permission granted to issue fresh claim.
Legal Topics
Extended Civil Restraint Order, Practice Direction 3 C, Relief From Sanction, Permission to Issue Claim, Consolidation of Actions
Civil Procedure Professional Negligence Extended Civil Restraint Order Practice Direction 3 C Relief From Sanction Permission to Issue Claim Consolidation of Actions

Case Brief

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Parties

Max Couper

Claimant

Irwin Mitchell LLP

Defendant

Irwin Mitchell

Defendant

Lord Thomas of Gresford OBE QC

Defendant

Procedural Posture

Professional Negligence Claim / Application to Strike Out and for Permission to Issue Claim

Legal Issues

  1. 1 Whether the claim against Lord Thomas is within the scope of the ECRO
  2. 2 Whether the claim was automatically struck out under Practice Direction 3C
  3. 3 Whether relief from sanction should be granted

Ratio Decidendi

Mr Couper's claim against Lord Thomas was within the scope of the ECRO and was automatically struck out for failure to obtain prior permission; relief from sanction was refused due to the seriousness of the breach and lack of good excuse, but permission was granted to issue a fresh claim.

Court Disposition

Claim against Lord Thomas struck out; relief from sanction refused; permission granted to issue fresh claim.

Orders

  • Claim against Lord Thomas automatically struck out under Practice Direction 3C paragraph 3.3(1)
  • Relief from sanction under CPR rule 3.9 refused