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Helen Trotter and Sam Harmel Successfully Represent Admiral Insurance in Portal Evidence Omissions Case
Michael Carr v EUI Ltd [13.09.2018]
Liverpool County Court has recently given important clarification in the case of Carr v EUI on the potential range of sanctions facing Claimant solicitors who fail to comply with the stage 3 procedure, in low value road traffic accident claims.
In these proceedings, the Claimant’s solicitor appeared to have failed to include the Defendant insurer, Admiral’s, Copley v Lawn letter, in 98% of cases. The Defendant was concerned that such a failure was not accidental and the Court ordered that evidence be filed as to how this default had occurred.
When the matter came before District Judge Jenkinson, he concluded that CPR8BDP.9 allowed dismissal of the claim, in circumstances where the Claimant had failed to follow the procedure as set out in the protocol. He further concluded that such a power was a mandatory one, in light of the language of the practice direction.
The Claimant’s claim was dismissed and they were ordered to repay all interim payments and to pay the Defendant’s costs.