Thursday 15 October 2020
This is an appeal against the order of HHJ Lethem sitting at Central London County Court of 02 October 2019, by which he: dismissed the Appellant’s appeal against the order of DDJ Goodman of 21 August 2018
This is a personal injury claim arising from a road traffic accident on 30 August 2014. Liability and Quantum are in dispute below. Special damages of £15,728.28 are claimed, of which £12,048.28 relate to credit hire. The Applicant had been required, by Order of DDJ Walder of 08 March 2018 to file and serve a Reply to Defence setting out all facts in support of the Applicant’s claim by 4:00pm on 04 April 2018. The Appellant’s solicitors posted the Reply using Royal Mail first class signed for service to the Respondents on 04 April 2018 in the erroneous belief that CPR7.5(1) applied (which would have deemed the Reply served on the same day). In fact CPR 6.26 applied so the Reply was deemed served on 06 April 2018 and the Applicant was debarred from contending that he was impecunious. This is an appeal against the decision of DDJ Goodman to refuse the Applicant’s application for relief from debarring sanctions.