| Source: | All England Reporter |
| Publisher Citation: | [2007] All ER (D) 151 (Oct) |
| Neutral Citation: | [2007] EWHC 2297 (QB) |
| Court: | Queen's Bench Division |
| Judge: | Foskett J |
| Representation | John Hendy QC and Deshpel Panesar (instructed by Akther & Darby Solicitors) for the claimant. |
| Bernard Livesey QC (instructed by Mills & Reeve Solicitors) for the defendant. | |
| Judgment Dates: | 11 October 2007 |
Catchwords
Practice - Striking out - Action - Claimant commencing claim against defendant solicitor for failing to serve two claim forms - Defendant applying to strike out claim - Judge striking out claim - Whether judge erring in striking out claim.
The Case
Practice Striking out. In the instant case, an appeal against a striking out of the claimant's claim against his former solicitors for breach of contract and negligence in failing to serve claim forms during the period of their respective validities was dismissed. There was simply no material to which the claimant could have pointed to demonstrate that there was realistic prospect of persuading a court to disapply the primary limitation period.
Practice Areas
If you are a LexisLibrary subscriber you can read more about this case here.
Lexis®Library
- An Official transcript is the final version of the judgment prepared by shorthand writers. LexisLibrary contains all judgments from the High Court and aboveView Judgment
- Cases related to this particular case that are related to, or discuss this caseView related cases
- The All England Law Reports comprises judgments with headnotes and catchwords indicating the area of law and key issues of the case prepared by legally qualified editorsFind AllER Reports
- Commentary discussing this particular case from LexisLibrary's comprehensive range of titles including Butterworths, Halsbury's and TolleyView related commentary
