Sarayiah v University of Durham & Ors

Sarayiah v University of Durham & Ors

The order of 5 June 2018 superseded the earlier extension and provided that the stay (and thus the extension of time for service of particulars of claim) expired 21 days after the Court of Appeal's decision on permission to appeal. The claimant failed to serve within that time or apply for a further extension. The...

Source-derived case information.

Parties
Claimant: Isaac Sarayiah; Defendant: University of Durham; Defendant: David Williams; Defendant: Claire Molloy; Defendant: Persons Unknown
Jurisdiction
England and Wales
Judgment Date
23 October 2020
Procedural Posture
Civil Defamation / Ruling on Applications to Strike Out Claim and for Default Judgment
Outcome
Claim struck out; judgment for defendants; claimant's applications dismissed
Legal Topics
Extension of Time, Stay of Proceedings, Service of Particulars of Claim, Default Judgment, Relief From Sanctions
Civil Procedure Defamation Extension of Time Stay of Proceedings Service of Particulars of Claim Default Judgment Relief From Sanctions

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Parties

Isaac Sarayiah

Claimant

University of Durham

Defendant

David Williams

Defendant

Claire Molloy

Defendant

Persons Unknown

Defendant

Procedural Posture

Civil Defamation / Ruling on Applications to Strike Out Claim and for Default Judgment

Legal Issues

  1. 1 Whether the claimant served particulars of claim within the time prescribed by the Civil Procedure Rules and court orders
  2. 2 Whether the claim should be struck out for failure to comply with rules/orders
  3. 3 Whether judgment in default of defence should be entered for the claimant

Ratio Decidendi

The order of 5 June 2018 superseded the earlier extension and provided that the stay (and thus the extension of time for service of particulars of claim) expired 21 days after the Court of Appeal's decision on permission to appeal. The claimant failed to serve within that time or apply for a further extension. The claim was not served in time and is struck out as a proportionate sanction for non-compliance with rules and orders.

Court Disposition

Claim struck out; judgment for defendants; claimant's applications dismissed

Orders

  • Claim form struck out for failure to serve particulars of claim in time
  • Judgment entered for the defendants