Couper v Irwin Mitchell LLP & Ors

Couper v Irwin Mitchell LLP & Ors

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 against Lord Thomas.

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
Civil / Application for Declaration of Automatic Strike Out, Relief From Sanction, and Permission to Issue Fresh Claim
Outcome
Claim against Lord Thomas automatically struck out; relief from sanction refused; permission granted to issue fresh claim against Lord Thomas.
Legal Topics
Extended Civil Restraint Order (ecro), Practice Direction 3 C, Relief From Sanction, Permission to Issue Claim, Professional Negligence
Civil Procedure Professional Negligence Extended Civil Restraint Order (ecro) Practice Direction 3 C Relief From Sanction Permission to Issue Claim

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

Max Couper

Claimant

Irwin Mitchell LLP

Defendant

Irwin Mitchell

Defendant

Lord Thomas of Gresford OBE QC

Defendant

Procedural Posture

Civil / Application for Declaration of Automatic Strike Out, Relief From Sanction, and Permission to Issue Fresh 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 for failure to obtain permission
  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 against Lord Thomas.

Court Disposition

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

Orders

  • Declaration that the claim against Lord Thomas is automatically struck out under Practice Direction 3C paragraph 3.3(1)
  • Refusal of relief from sanction under CPR rule 3.9