Whessoe Oil & Gas Ltd & Anor v Dale [2012] EWHC 2270 (TCC) (26 July 2012)

Whessoe Oil & Gas Ltd & Anor v Dale [2012] EWHC 2270 (TCC) (26 July 2012)

The extension of time is granted on an unless basis due to some delay being outside the claimants' control, but the claimants' misleading of the court and failure to act diligently justify a shorter extension and the imposition of a strict unless order. If the claimants do not comply by the new deadline, the claim and particulars will be struck out and judgment entered for the defendant.

Citation
[2012] EWHC 2270 (TCC)
Parties
Claimant: Whessoe Oil & Gas Ltd; Claimant: Cleveland Bridge UK Ltd; Defendant: William Jon Dale
Jurisdiction
England and Wales
Judgment Date
26 July 2012
Procedural Posture
Civil / Interlocutory Application for Extension of Time and Unless Order
Outcome
Extension of time granted on unless basis; application for permission to appeal refused.
Legal Topics
Extension of Time, Unless Order, Particulars of Claim, Strike Out, Misleading the Court
Civil Procedure Extension of Time Unless Order Particulars of Claim Strike Out Misleading the Court

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Parties

Whessoe Oil & Gas Ltd

Claimant

Cleveland Bridge UK Ltd

Claimant

William Jon Dale

Defendant

Procedural Posture

Civil / Interlocutory Application for Extension of Time and Unless Order

Legal Issues

  1. 1 Whether the claimants should be granted an extension of time to serve amended particulars of claim
  2. 2 Whether an unless order should be made for non-compliance
  3. 3 Whether the claimants misled the court in their statement of truth

Ratio Decidendi

The extension of time is granted on an unless basis due to some delay being outside the claimants' control, but the claimants' misleading of the court and failure to act diligently justify a shorter extension and the imposition of a strict unless order. If the claimants do not comply by the new deadline, the claim and particulars will be struck out and judgment entered for the defendant.

Court Disposition

Extension of time granted on unless basis; application for permission to appeal refused.

Orders

  • Unless the claimants comply with paragraph 2 of the order of 25 June by 3 pm on 2 August, the claim and particulars of claim will be struck out and judgment entered for the defendant.
  • Restored strike-out application listed for 3 August at 2 pm.