Christine Bangs v FM Conway Limited
[2024] EWCA Civ 1461
Muhammed Suhel Ahmed v Adam Chojnowski
11 November 2022
[2022] EWHC 2863 (KB)
High Court
Someone was in a car accident and sued the other driver, who admitted fault. The case was delayed because the injured person's lawyer was slow and didn't do what they were supposed to. The judge threw the case out, but a higher court said that was too harsh. The case is back on, but the injured person has to pay some of the other driver's legal fees and do what they were supposed to do quickly or the case will be thrown out for good.
Key Facts
- •Road traffic accident on 26 April 2015.
- •Claim issued 6 August 2019; liability admitted by Defendant.
- •Multiple standstill agreements and delays.
- •Defendant served surveillance evidence; parties agreed revised timetable (unapproved by court).
- •Claimant's solicitor failed to provide further witness statements and evidence, despite assurances.
- •Defendant applied to strike out the claim due to Claimant's inaction.
- •Master McCloud struck out the claim; Claimant appealed.
Legal Principles
Overriding objective of dealing with cases justly and at proportionate cost (CPR 1.1).
CPR 1.1
Duty on parties to help the court further the overriding objective (CPR 1.3).
CPR 1.3
Power to strike out a statement of case for disclosing no reasonable grounds, abuse of process, or failure to comply with rules/orders (CPR 3.4).
CPR 3.4
Inherent jurisdiction of the court to strike out a claim that is an abuse of process.
CPR 3.1(1) and 3.4(5)
Appeal court reviews lower court decisions, allowing appeals where decisions were wrong or unjust due to serious procedural irregularities (CPR 52.21).
CPR 52.21
Two-stage test for abuse of process: (1) Was there an abuse? (2) If so, is striking out proportionate?
Cable v Liverpool Victoria Insurance Co. Ltd [2020] 4 WLR 110
Outcomes
Appeal allowed in part.
Master erred in failing to apply the two-stage test for proportionality in striking out the claim; strike out was disproportionate.
Claim reinstated.
While abuse of process was found, striking out was disproportionate; other sanctions are sufficient.
Claimant to pay Defendant's indemnity costs from 26 March 2021 to 2 February 2022 and recover no interest on special damages for that period.
Sanctions for Claimant's conduct contributing to the abuse of process.
Claimant must provide a further witness statement within 21 days, otherwise claim will be struck out.
To address outstanding evidence and ensure case progression.
Claimant must request court to re-list the application regarding a solicitor change or indicate it is no longer pursued within 21 days.
To resolve outstanding issues regarding representation.
Similar Cases
Christine Bangs v FM Conway Limited & Anor
[2024] EWHC 494 (Comm)
RESOURCE RECOVERY SOLUTIONS (DERBYSHIRE) LIMITED v DERBYSHIRE COUNTY COUNCIL & Anor.
[2022] EWHC 1209 (TCC)
Niraja Padmalata Lal v Craig Reeder
[2023] EWHC 1437 (KB)
Morgan Sindall Construction and Infrastructure Limited v Capita Property and Infrastructure (Structures) Limited & Anor.
[2023] EWHC 166 (TCC)