Pump Court Chambers

Antonia Ford secures sanctions for a claim warehoused within the Pre Action Protocol

News 23rd October 2024
Antonia Ford

The Claimant commenced a personal injury claim within the Pre Action Protocol for Low Value Employment Liability Claims (the Protocol) in late 2019. Proceedings were stayed upon limitation ostensibly to allow the parties to engage with the Protocol but no progress was ever made. The Claimant repeatedly confirmed that the failure to progress to Stage 2 was caused by the need to obtain further medical evidence. These representations turned out to be incorrect as the medical evidence eventually served predated the Claims Notification Form.

The Judge, in applying the judgment in Cable v Liverpool Victoria Insurance Co Ltd  [2020] EWCA Civ 1015, accepted Miss Ford’s submissions that an abuse of process had occurred and that sanctions should apply. The Judge determined that the real reason for the delay was the Claimant’s unreasonable expectations concerning her injury and her dissatisfaction with the medical expert’s conclusions.

Although the Court declined to strike out the claim on the basis that liability had been admitted, the Judge awarded significant costs and debarred the Claimant from claiming any interest prior to the application hearing.

Home
Shortlist close
Title Type CV Email

Remove All

Download


Click here to email this list.