Summary –
A road traffic incident occurred in 2024. The Claimant’s insurers admitted liability immediately following the incident.
Some months later, the Claimant’s solicitors initiated a claim but failed to pay the court fee. A hearing was listed to determine the outcome of the Claimant’s application to reinstate the claim.
This was opposed on the basis that there is no cause of action, liability has been admitted and the claim should be against the Claimant’s insurers for negligence, not the Defendant.
The court first dealt with the test set out in Denton v TH White [2014] EWCA Civ 906 to establish whether the claim should be reinstated. The Claimant was awarded relief from sanctions as the breach was not the Claimant’s fault.
The court however was unwilling to limit the Defendant’s argument. Directions were made that allow the Defendant to make an application to strike out the claim.