Whessoe Oil & Gas Ltd & Anor v Dale

Whessoe Oil & Gas Ltd & Anor v Dale

The claimants are granted a short extension until 3 pm on 2 August to comply with the order for particulars, but only on an unless basis due to their misleading the court and failure to act diligently. If they fail to comply, the claim and particulars will be struck out and judgment entered for the defendant.

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 Case Management Order
Outcome
Extension of time granted on an unless basis; application for permission to appeal refused.
Legal Topics
Extension of Time, Strike Out, Case Management, Particulars of Claim, Costs
Civil Procedure Extension of Time Strike Out Case Management Particulars of Claim Costs

Case Brief

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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 Case Management Order

Legal Issues

  1. 1 Whether claimants should be granted an extension of time to serve Amended Particulars of Claim
  2. 2 Whether misleading the court in the statement of truth warrants strike-out
  3. 3 Whether delay in delivery and processing of evidence justifies extension

Ratio Decidendi

The claimants are granted a short extension until 3 pm on 2 August to comply with the order for particulars, but only on an unless basis due to their misleading the court and failure to act diligently. If they fail to comply, the claim and particulars will be struck out and judgment entered for the defendant.

Court Disposition

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

Orders

  • Unless claimants comply with para.2 of the order of 25th June by 3 pm on 2nd August, Claim and Particulars of Claim will be struck out and judgment entered for the defendant.
  • Restored strike-out application to be heard on 3 August at 2 pm.