Relief from sanction and strike out at trial – James Ramsden achieves summary dismissal of £2m claim at trial

Relief from sanction and strike out at trial – James Ramsden achieves summary dismissal of £2m claim at trial


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On 29th January 2015 Mr Justice Green handed down judgment in Spectrum v Cornwall Council [2015] EWHC 129 (QB) a widely reported decision of considerable interest in light of the Court of Appeal decisions in Mitchell and Denton. Recognising the issues of principle raised by the case James Ramsden argued and Mr Justice Green accepted that in any application for relief from sanction in which lawyers previously instructed were blamed for the default, it was incumbent on an applicant to waive privilege in relation to its dealings with those former lawyers to explain the nature and causes of that default.

Just two weeks later, at the trial of the claim, [2015] EWHC 403(QB) James Ramsden successfully applied for summary judgment and to strike out the claim, an application and order acknowledged by Mr Justice William Davis as exceptional. Cornwall Council was awarded the costs of the entire claim on the indemnity basis.


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