The plaintiff sought leave to appeal against an order striking out its claim, having failed to comply with unless orders as to the filing of details of its case. The company’s officers were not resident in England. Their solicitors had withdrawn from the action. The defendants issued an application to strike out the claim, and gave a copy to the plaintiff’s former solicitors. The claimant now said they had been ignorant of the application.
Held: However it arose, there was now a case to be tried, and the delay fell to the bottom end of the Hytec scale. Leave to appeal was given.
Judges:
Lord Justice Evans, Lord Justice Thorpe
Citations:
[1998] EWCA Civ 422
Jurisdiction:
England and Wales
Citing:
Cited – Hytec Information Systems Limited v Council of City of Coventry CA 4-Dec-1996
The Court directed that unless particulars were served by a specified date the defendant’s claim should be struck out. The defendant served some particulars but it was decided that the defendant had deliberately flouted the unless order and its . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice
Updated: 14 November 2022; Ref: scu.143900