The claimant had obtained an interim injunction requiring the police not to harass him. He was acting in person and had been ordered to file his claim and particulars by a date. He failed to comply and the injunction was discharged against an undertaking from the respondent. K again sought a renewal of the injunction, but had still not served his particulars. The court refused a new order, and K sought an adjournment. The claim was struck out automatically for failure to comply with the earlier unless order. He now appealed.
Held: (Thomas LJ dissenting) Where a court had initially concluded that an injunction was justified, and the litigant acted in person, a court should be very careful before striking the claim out for a procedural failing. In this case there had been ambiguity about the terms on which time would expire, and striking out would an unduly harsh sanction.
Ward, Thomas, Pitchford
Gazette
England and Wales
Citing:
Followed – Marcan Shipping (London) Ltd v Kefalas and Another CA 17-May-2007
The appellant having failed to comply with an unless order, now appealed against an order striking out the claim.
Held: The activation of a sanction in an unless order striking out a claim was a powerful weapon in a judge’s case management . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice
Updated: 01 November 2021; Ref: scu.417820
