Late claims found to be an abuse of process

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.

Read the full article on our Insurance website >>

This information is intended as a general discussion surrounding the topics covered and is for guidance purposes only. It does not constitute legal advice and should not be regarded as a substitute for taking legal advice. DWF is not responsible for any activity undertaken based on this information.

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Jewels Chamberlain


I am a Director at the Preston office, managing a team and an insurance client, specialising in defendant personal injury litigation.