Q&As

Can you reinstate a claim ten years after it has been struck out for non-compliance?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 12/12/2018

The following Dispute Resolution Q&A produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • Can you reinstate a claim ten years after it has been struck out for non-compliance?

Can you reinstate a claim ten years after it has been struck out for non-compliance?

The court has a general power whether of its own motion or on the application of a party to strike out a claim for non-compliance with an order, rule or practice direction: CPR 3.3 and 3.4. In recent years and in particular since the Jackson reforms, implemented from 1 April 2013, there has been a greater emphasis in the civil courts on the need to comply with deadlines that are laid down. It is now far more likely that the court will exercise its powers to strike out a statement of case for non-compliance, and far harder to obtain relief from sanctions since the decision in Mitchell v New Group Newspapers Limited, as explained by Denton v TH White Ltd.

The court when considering an application for relief from sanctions, and thus the reinstatement of a strike out claim, will consider all of the circumstances of the case so as to enable the court to deal justly with the application, including the need for litigation to be conducted efficiently and at proportionate cost and to enforce compliance with rules, practice directions and court orders. As Mitchell and Denton make clear, the court will

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