||All England Reporter
|| All ER (D) 151 (Oct)
|| EWHC 2297 (QB)
||Queen's Bench Division
||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.
||11 October 2007
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.
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.
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