The claimant appealed a striking out of his action for professional negligence against the defendant firm of solicitors. He had obtained judgment by default, but had been shown not properly to have served proceedings. He was also a bankrupt at the relevant time and unable to commence the actions. It was then decided that the action was an abuse of process in that the claimant had not proceeded. Striking out an action where there has been a default judgment is a Draconian power and should only be granted in a strong case. In this case, because of the several complications, the delay was not inexcusable. Appeal allowed
Citations:
[2000] EWHC Admin 312
Links:
Insolvency, Litigation Practice
Updated: 29 May 2022; Ref: scu.140126