The recent judgment in Bangs v FM Conway Ltd [2024] serves as a wake-up call for litigators about the consequences of procedural delay.
The Court of Appeal set aside a decision granting relief from sanctions due to late service of a Particulars of Claim, underscoring the need for timely compliance. Lord Justice Males emphasised that missing deadlines should not be excused, regardless of the case’s strength, and that the merits of an underlying claim are generally irrelevant in case management decisions unless they meet the summary judgment test.
In such case, striking out a late claim was deemed proportionate.
This judgment reinforces that procedural diligence is paramount in litigation.
A full copy of the judgment is available here.
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