In a proceeding placed on the Commercial List, the Statement of Claim had been struck out and leave had been refused to file an amended statement of claim, pursuant to Rule 376(4) of the UCPR. There being no pleading, and based on a finding that there was no likelihood of the Plaintiff being able to produce a compliant pleading in a timely way, the primary judge dismissed the proceeding at the same time as refusing leave to amend.
The Court of Appeal determined that the proceeding should not have been dismissed without an application from the Defendants seeking that relief, so as to put the Plaintiff on notice that relief was being sought and so that the question of dismissal of the proceeding could be fully ventilated.
Matthew Jones appeared for the respondents, instructed by Hall & Wilcox.
The judgment is published here.
