News

22nd January, 2020

Jamie Hill successful in CPR 44.15 case

Jamie acted for the MIB in S & others v S & MIB, obtaining a strike out of all 3 claims and an enforceable costs orders as a result.

The 3 claimants alleged they had been injured when hit from behind in an RTA.  Details were exchanged at the scene. The address was false, the house number on the street given did not exist. The name was suspected to be false too, that also incapable of being traced.

Claims were initially brought under the Untraced Drivers Agreement 2003 and rejected. The Claimants then issued proceedings under the Uninsured Drivers Agreement 2015, using the details provided at the scene as those of the First Defendant.

Having heard Jamie's submissions the Judge struck out the claims pursuant to CPR 3.4 (2) (a) and (b).  It was held there were no reasonable grounds for bringing the claims as the Claimants had previously accepted the First Defendant was untraced, and in any event he could not be served at a non-existent address. The Judge also found the current claims to be an abuse of the Court’s process.

The Judge accepted that it followed that CPR 44.15 applied. The Court had no discretion and accordingly the costs of £9,000 were directly enforceable against the Claimants.

Jamie's profile, containing further details of his recent work, can be found here.



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