Drummond v Pool Design Ltd

Drummond v Pool Design Ltd

The court dismissed the application to set aside the consent order, finding no evidence that the claimant misled the court, and holding that the court had discretion to extend time for service of particulars of claim even absent consent from all defendants.

Parties
Claimant: Jason Kingsley Drummond; Respondent: Pool Design Ltd
Jurisdiction
England and Wales
Judgment Date
13 June 2008
Procedural Posture
Application / Ruling on Application to Set Aside Consent Order and Extension of Time
Outcome
application dismissed
Legal Topics
Extension of Time, Service of Particulars of Claim, Case Management Powers, Consent Orders
Civil Procedure Extension of Time Service of Particulars of Claim Case Management Powers Consent Orders

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 2 Authorities cited 6 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Jason Kingsley Drummond

Claimant

Pool Design Ltd

Respondent

Procedural Posture

Application / Ruling on Application to Set Aside Consent Order and Extension of Time

Legal Issues

  1. 1 Whether the consent order extending time for service of particulars of claim should be set aside
  2. 2 Whether the court had jurisdiction to try the claim against Mr Buckell
  3. 3 Whether the claimant misled the court in obtaining the extension

Ratio Decidendi

The court dismissed the application to set aside the consent order, finding no evidence that the claimant misled the court, and holding that the court had discretion to extend time for service of particulars of claim even absent consent from all defendants.

Court Disposition

application dismissed

Orders

  • Claimant awarded 25% of costs of and occasioned by the application, assessed at £1,000 payable by the defendant