Plana v First Capital East Ltd

23.10.2015 ; and 15/08/2013: Central London CC; HHJ Collender QC

Cases Citation

[2015] EWHC 2982 (QB)

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

Peter Freeman

Peter Freeman
Year of Call: 1992

Close X

TEMPLE GARDEN CHAMBERS is a market leading set with recognised excellence in a myriad of practice areas with awarded leaders in twelve specialist areas. TGC has the privilege of being well placed in the Temple and The Hague with superb facilities.

Currently consisting of 17 silks and 60 juniors with outstanding leadership and a long established clerking team acknowledged for their exceptional client services and business development, we are keen to expand upon our key areas.

To accommodate the growth in our core practice areas we are inviting applications from established practitioners and/or teams to further enhance our excellent reputation in the following fields:

• Personal Injury & Clinical Negligence
• Inquests & Inquiries
• Health & Safety
• Costs & Litigation Funding

TGC is widely recognised for its friendly ethos and its commitment to Equality & Diversity and Wellbeing. We are especially keen to encourage applications from underrepresented groups at the bar – women, people with disabilities, those from ethnic minority groups and members of the LGBTQ+ community.

Applications will be treated with the strictest confidence and should be addressed to the Head of Chambers, Keith Morton QC

In advance of any formal application both Keith Morton QC and Dean Norton (Senior Clerk) would be delighted to have a confidential discussion. To arrange a meeting please contact Dean on 020 7842 8641 or