Claim struck out after the Claimant’s failure to serve Particulars of Claim

Pierre Thomas Law was instructed on behalf of their French insurer client after judgement was entered in default in a claim concerning a road traffic accident in England. A claim form was issued by the claimant’s solicitor, but Particulars of Claim were to follow. Particulars of Claim did not follow and, accordingly, the defendant did not file a Defence. The Claimant’s solicitor applied to the court for a judgment in default of a defence and judgement was entered without the Defendant’s knowledge. Upon instructions, we applied immediately for the judgement to be set aside but also for the claim to be struck out. The Particulars of Claim were only served two days before the application hearing and, in addition to the serious oversight, the Claimant ‘s pleadings were flawed.

We were pleased, and so was our client, with the judge’s fair decision that the claim should be struck out.