Joyce v West Bus Coach Services Ltd

Joyce v West Bus Coach Services Ltd

The claim was struck out for breach of the 'unless' order as service was deemed late under CPR 6.26. The claimant could not accept the Part 36 offer after strike out. Relief from sanction was justified due to minor breaches and no real prejudice, reinstating the claim.

Source-derived case information.

Parties
Claimant: Michael Anthony Joyce; Defendant: West Bus Coach Services Limited
Jurisdiction
England and Wales
Judgment Date
01 March 2012
Procedural Posture
Civil Appeal / Judgment on Appeal Against Strike Out and Application for Relief From Sanction
Outcome
Appeal allowed in part; relief from sanction granted; claim reinstated.
Legal Topics
Strike Out Orders, Relief From Sanctions, Part 36 Offers, Service of Documents, Costs
Civil Procedure Strike Out Orders Relief From Sanctions Part 36 Offers Service of Documents Costs

Source-derived case record

Summary, issues, holding and outcome

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Parties

Michael Anthony Joyce

Claimant

West Bus Coach Services Limited

Defendant

Procedural Posture

Civil Appeal / Judgment on Appeal Against Strike Out and Application for Relief From Sanction

Legal Issues

  1. 1 Whether the claimant breached the 'unless' order of 3 September 2010 by 10 September 2010
  2. 2 Whether the claim was struck out automatically for breach
  3. 3 Whether the claimant could accept a Part 36 offer after strike out

Ratio Decidendi

The claim was struck out for breach of the 'unless' order as service was deemed late under CPR 6.26. The claimant could not accept the Part 36 offer after strike out. Relief from sanction was justified due to minor breaches and no real prejudice, reinstating the claim.

Court Disposition

Appeal allowed in part; relief from sanction granted; claim reinstated.

Orders

  • Relief from sanction granted under CPR 3.9
  • Claim reinstated to position before strike out