So was the order made by the court at a recent hearing for one of our members.
Unfortunately, an earlier application to have the claim struck out from the start was lost by the court, which only became apparent at the hearing, listed for directions/dispute resolution only.
Regardless, counsel for our member forcibly argued that the claim was doomed to failure, did not comply with the court rules, and should be struck out by the court, in any event.
While the claimant gave a rambling explanation that he simply wanted his car repaired, it was pointed out to the judge that, he had in fact, made a personal injury (PI) claim for £10,000!
It was further argued that pursuant to CPR 3.4(2)(a) the claim should be struck out if it raises no reasonable grounds of success, (b) it can be struck out as an abuse of process, and (c) it can be struck out for failing to comply with the CPR and to proceed would not be in the interests of justice.
The judge was also taken to CPR 16.2(1)(e) and (2) as well as 16.4 PD 16(4) and (7.4-7.5), which clarify what needs to be pleaded to raise a PI argument or contractual dispute. In this case, the claimant was seeking a PI remedy but had failed to assert a positive case in law for bringing it nor justified the quantum figure, and the case was unsupported by medical evidence in the form of a medical report.
The claimant then changed tack and tried to suggest that the PI claim was not a PI claim at all, but rather a claim for loss of earnings, which made little more sense.
The judge made it clear that the burden was on the claimant to set out his case properly, that he had singularly failed to do so, and that it would be a waste of court procedure and the parties’ time to try and remedy what was in reality, a hopeless cause.
Finally, it was noted that since the Supreme Court has ruled litigants in person are to be held to the same standard as those professionally represented, the claim was dismissed with costs in favour of our member.
This case demonstrates in stark terms the value of being properly advised and represented from the outset right up to and including the final hearing of a matter and what is likely to happen when one goes it alone and dabbles.
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