JOHN N CROKE & Anor v NATIONAL WESTMINSTER BANK PLC & Ors

JOHN N CROKE & Anor v NATIONAL WESTMINSTER BANK PLC & Ors

The claimants failed to serve particulars of claim within the period of validity of the claim form. The particulars served were seriously deficient, did not disclose reasonable grounds, and failed to comply with CPR and common law requirements. The claimants had ample opportunity to amend but did not do so. There...

Source-derived case information.

Parties
Claimant: John N Croke; Claimant: Croke (South Bucks) Limited; Defendant: National Westminster Bank PLC; Defendant: James Davies; Defendant: Joseph Pitt
Jurisdiction
England and Wales
Judgment Date
09 June 2022
Procedural Posture
Civil Banking/commercial / Judgment on Applications to Substitute Party, Validate/extend Time for Service, and Strike Out Claim
Outcome
Application for extension of time and relief from sanctions dismissed; declaration of no jurisdiction
Legal Topics
Relief From Sanctions, Extension of Time for Service, Striking Out Claims, Abuse of Process, Pleading Requirements, Mortgage Enforcement, Appointment of LPA Receivers
Banking Law Civil Procedure Relief From Sanctions Extension of Time for Service Striking Out Claims Abuse of Process Pleading Requirements Mortgage Enforcement +1 more

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Parties

John N Croke

Claimant

Croke (South Bucks) Limited

Claimant

National Westminster Bank PLC

Defendant

James Davies

Defendant

Joseph Pitt

Defendant

Procedural Posture

Civil Banking/commercial / Judgment on Applications to Substitute Party, Validate/extend Time for Service, and Strike Out Claim

Legal Issues

  1. 1 Whether the claimants should be granted a retrospective extension of time for service of particulars of claim
  2. 2 Whether the particulars of claim disclose reasonable grounds for bringing the claim
  3. 3 Whether the claim is an abuse of process

Ratio Decidendi

The claimants failed to serve particulars of claim within the period of validity of the claim form. The particulars served were seriously deficient, did not disclose reasonable grounds, and failed to comply with CPR and common law requirements. The claimants had ample opportunity to amend but did not do so. There was no justification for granting relief from sanctions or an extension of time. The court therefore has no jurisdiction to try the claim.

Court Disposition

Application for extension of time and relief from sanctions dismissed; declaration of no jurisdiction

Orders

  • Declaration that the court has no jurisdiction in this claim due to failure to serve particulars of claim within the period of validity of the claim form.
  • No order striking out the claim made at this stage; further orders to be considered at hand down or later date.