Greig v Stirling & Anor
2014
QUEEN’S BENCH DIVISION
United Kingdom
CORAM
- MR JUSTICE WARBY
Areas of Law
- Civil Procedure
2014
QUEEN’S BENCH DIVISION
United Kingdom
CORAM
AI Generated Summary
Mr. Greig's claim against two defendants regarding Spanish property dealings faced procedural dismissals, including a striking-out order and a costs order. Justice Warby reviewed the applications to set aside these orders, noting procedural irregularities and failures to notify Mr. Greig. The court set aside both the strike-out and costs orders, emphasizing fair procedure and proper notice. The case was remitted for further management.
Judgment
Mr Justice Warby: Introduction
On 13 October 2014 I heard applications on behalf of the Claimant, Mr Greig, to set aside (1) an order dated 7 April 2014 striking out Mr Greig’s claim against the Second Defendant, Mr Etridge, and (2) an order dated 18 June 2014 that Mr Greig pay Mr Etridge’s costs of the claim and his costs of the application for such costs. Mr Greig was represented by Counsel, though he has represented himself for much of the action. Mr Etridge has previously been represented by solicitors but appeared in person before me. I made an order setting aside both the previous orders, stating that I would give my reasons later which I now do.
In summary, my reasons were as follows. (1) I accepted the submission made on behalf of Mr Greig that the order of 7 April 2014 was one made without a hearing in circumstances which gave Mr Greig a right under PD23A and CPR 3.3 (5) to apply to set it aside; (2) I concluded that it would be just to grant an extension of time for making such an application, if one was necessary; (3) reconsidering the matter on the basis of evidence which included facts that had not been before the judge who struck out the claim I concluded that the claim ought not to be dismissed; (4) the costs order of 18 June 2014 was parasitic on the striking out of the claim; since it had been made in Mr Greig’s absence the court had power under CPR 23.11 (2) to re-hear it; having done so I decided that the costs order should be set aside along with the order to strike out.
Factual background
In this action Mr Greig makes money claims against the two defendants arising from dealings with Spanish properties. The claim was started in November 2008 and the events the subject of the proceedings go back to the 1990s. However, those most relevant to the matters in dispute before me begin in 2010. The account which follows is based upon undisputed evidence except where I indicate otherwise.
On 17 August 2010 a judgment was entered in default against the First Defendant, Mr Stirling, for £919,463. On 2 August 2013 the action came before Master McCloud for a case management conference. The Master gave directions which allocated the case to the multi-track and provided for a trial of the claim against Mr Etridge in the window 1 April 2014 to 30 May 2014 with a time estimate of 4 days. So far as the claim against Mr Stirling is concerned the Master’s Order recorded that he was deceased, and directed that:
“2. the Claimant shall by 4pm