England and Wales Case Law

Jin Gumbrell v YPG Pembroke Studios Ltd

The claimant sufficiently complied with the unless order by supplementing the claim form with the required documents; the order was not clear enough to require a fresh standalone particulars of claim. The court and parties proceeded as if the claim was live, and the judge who made the order accepted compliance. The claim was not struck out and the appeal is allowed.

Source excerpt

• Unless orders
• Compliance with civil procedure rules
• Particulars of claim
• Relief from sanctions
• Part 36 offers
• Effect of winding up orders

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Christodoulides v CP Christou LLP

Christodoulides v CP Christou LLP [2025] EWHC 214 (SCCO) (04 February 2025)

The Senior Courts Costs Office struck out most of a paying party’s Points of Dispute for being prolix, unfocused and non-compliant with PD 47.8.2.

• Points of dispute
• Detailed assessment
• Professional negligence
• Compliance with civil procedure rules
• Abuse of process
• Detailed-assessment

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Freeborn & Anor v Marcal (t/a Dan Marcal Architects)

Freeborn & Anor v Marcal (t/a Dan Marcal Architects) [2017] EWHC 3046 (TCC) (28 November 2017)

The court held that a TCC office letter varied the costs-budget timetable, so no relief from sanctions was needed. Alternatively, relief would have been granted.

• Relief from sanctions
• Costs budgets
• Case management
• Compliance with civil procedure rules
• Relief-from-sanctions
• Costs-budgeting

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Dhanji & Anor v Najar & Ors

Dhanji & Anor v Najar & Ors [2017] EWHC 193 (Ch) (18 January 2017)

The High Court granted the defendants relief from sanctions and extended time to file and serve a defence, despite a serious late-filing breach and poor explanation.

• Relief from sanctions
• Extension of time
• Default judgment
• Compliance with civil procedure rules
• Asset transfers to defeat creditors
• Relief-from-sanctions

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Altomart Limited v Salford Estates (No. 2) Ltd (Rev 1)

Altomart Limited v Salford Estates (No. 2) Ltd (Rev 1) [2014] EWCA Civ 1408 (29 October 2014)

The Court of Appeal held that Mitchell and Denton principles apply to late respondent’s notices, but granted Altomart an extension because the delay caused no real prejudice.

• Extension of time
• Relief from sanctions
• Arbitration clause
• Winding up petition
• Compliance with civil procedure rules
• Civil-procedure

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Krause v Associated Newspapers Ltd

The High Court struck out Jan Krause’s libel claim against Associated Newspapers over Mail Online reporting, holding the words were not capable of being defamatory.

• Defamatory meaning
• Fair and accurate reporting
• Absolute privilege
• Privacy
• Compliance with civil procedure rules
• Defamation

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Singh v Singh

Singh v Singh [2013] EWHC 4571 (Ch) (18 December 2013)

Appeal from orders striking out a defence and refusing relief from sanctions was dismissed. The court held the amended defence failed to comply with CPR 16.5.

• Relief from sanctions
• Striking out of defence
• Compliance with civil procedure rules
• Trusts
• Undue influence
• Duress

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Venulum Property Investments Ltd v Space Architecture Ltd & Ors

Venulum Property Investments Ltd v Space Architecture Ltd & Ors [2013] EWHC 1242 (TCC) (22 May 2013)

The High Court refused to extend time to serve particulars of claim, stressing the unexplained delay, weak pleading, and the need for stricter CPR compliance.

• Extension of time for service of particulars of claim
• Relief from sanctions
• Professional negligence by estate agents and architects
• Limitation periods
• Bad faith allegations
• Compliance with civil procedure rules

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Gregory v Benham

Gregory v Benham [2012] EWHC 2971 (QB) (26 October 2012)

The High Court dismissed an appeal against refusal to extend time for serving particulars of claim in a defamation and malicious falsehood case.

• Extension of time for service
• Striking out claim
• Limitation period
• Compliance with civil procedure rules
• Defamation
• Civil-procedure

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Ifedha v Archant Regional Ltd

Ifedha v Archant Regional Ltd [2010] EWHC 2819 (QB) (08 November 2010)

The High Court struck out a libel claim over newspaper reports about a swingers club, finding repeated pleading failures, unrealistic damages, and no sustainable case.

• Libel
• Qualified privilege
• Summary judgment
• Striking out
• Damages
• Compliance with civil procedure rules

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