Renwick and Mitchell v Markerstudy Insurance Co. Ltd.
District Judge Veysey
Portsmouth County Court
18 June 2015
The court struck out two late notified claims as an abuse of process, where the court found that the claimants were not injured. The claimants had attempted to avoid paying defence costs by discontinuing their claims as soon as the strength of the defendant’s case had been revealed to them and after they had failed to disclose witness evidence of their own. The claims had both been brought under the Qualified One-Way Costs Shifting regime.
Acting for Markerstudy, DWF Solicitor Kirsten Reay successfully applied to set aside the notices of discontinuance and obtained an order that both claims were an abuse of process, rendering the claimants liable to meet the defendant’s costs. DWF Director Jewels Chamberlain looks at the case, which will be especially of interest to those dealing with late notified claims.