Home / Cases / Plana v First Capital East Ltd

Plana v First Capital East Ltd

23/10/2015


Citation
[2015] EWHC 2982 (QB)
Dates of case
23.10.2015 ; and 15/08/2013: Central London CC; HHJ Collender QC

Initially instructed to represent D at a JSM in a liability admitted claim in which £125,000 interim payments had been made.  Advised to withdraw from the JSM, apply to withdraw the admission and strike out the claim.

Whatever the circumstances of the inception of the claim, D established at the application that the claim was then being brought, not on true facts, but on a clear intention to deceive. The court preferred D’s submissions and rejected C’s account that there was an innocent explanation.

Claim was struck out pursuant to CPR r.3.4(2)(b) as being both an abuse of the court’s process and likely to obstruct the just disposal of the proceedings.

C was ordered to repay the £125,000 interim payments and pay D’s costs of the action on the indemnity basis.

Case transferred to High Court for permission for contempt proceedings.

Related Barristers

Collective Redress
ADR & Mediation
Clinical Negligence
Personal Injury

Peter Freeman

Call 1992

Read more

Related Practice Areas

Personal Injury

Menu

Close

Portfolio Builder

Select the practice areas that you would like to download or add to the portfolio

Download    Add to portfolio   
Portfolio
Title Type CV Email

Remove All

Download


Click here to share this shortlist.
(It will expire after 30 days.)