Christine Bangs v FM Conway Limited
[2024] EWCA Civ 1461
Jacqueline Samuels (t/a Samuels & Co Solicitors) v Christopher John Laycock
24 April 2023
[2023] EWHC 1390 (KB)
High Court
A solicitor sued someone for a bad online review. The solicitor messed up court procedures many times. Even though the judge missed an important document, the appeal failed because the solicitor did not do their job properly, and it's been too long with no progress on the case.
Key Facts
- •Jacqueline Samuels (claimant/appellant), a solicitor, sued Christopher Laycock (defendant/respondent), a flight attendant, for libel.
- •The libel stemmed from a negative Google review Laycock posted about Samuels' firm's services in a 2019 lease extension transaction.
- •Samuels obtained a default judgment in October 2020 due to Laycock's non-appearance, which was due to improper service.
- •Laycock applied to set aside the judgment due to lack of proper service.
- •Samuels failed to follow proper court procedure multiple times, including breaches of CPR 39.8 regarding communication with the court.
- •Samuels filed a witness statement on 7 December 2022, which the Master was unaware of when striking out the claim on 19 December 2022.
- •Samuels appealed the striking out of the claim.
Legal Principles
CPR 39.8: Any communication between a party and the court must be disclosed to the other party.
Civil Procedure Rules
CPR 52.20: The appellate court has the power to affirm, set aside, or vary orders from the lower court.
Civil Procedure Rules
CPR 52.21(3): An appeal will be allowed if the lower court's decision was wrong or unjust due to a serious procedural irregularity.
Civil Procedure Rules
Outcomes
Appeal dismissed.
While a serious procedural irregularity occurred (Master unaware of claimant's witness statement), it was not unjust to uphold the order due to claimant's numerous procedural failures, lack of progress in the case, and the historic nature of the claim.