BW Legal's Faulty Claim Leads to Costly Consequences for Napier Parking Limited.
In a groundbreaking ruling before the esteemed County Court at Wakefield, BW Legal Services’ particulars of claim were deemed defective, leaving their client vulnerable to costs.
Witness the Court’s meticulous examination of BW Legal Services’ drafted particulars, revealing glaring deficiencies in compliance with CPR 16.4(1)(e) and Practice Direction. Despite the rule's clarity, many firms, including BW Legal Services, seem to struggle with comprehension.
BW Legal services often argues that merely stating the driver breached terms and conditions fulfils the rule's requirements. However, neither the Court nor our understanding aligns with this interpretation. The particulars must unequivocally specify the conduct leading to the formation of the contract and the consequent actions. Should character limits pose constraints, it's incumbent upon them to furnish comprehensive details.
Our former client, once entangled with BW Legal's flawed particulars, sought our guidance, leading to the instruction of our solicitor’s partner for an application to strike out. Under the adept handling of Jackson Yamba from Lawrence and Associates, the case proceeded to Wakefield County Court, where the defective particulars were summarily struck out. BW Legal, in response, made a futile attempt to set aside the order, culminating in a protracted hour-long hearing. Miss Aziz Sanam represented our former victorious client, with the Court levying costs against Napier Parking Limited and permitting amendments to their flawed particulars.
This triumph stands as a resounding message to parking companies long accustomed to exploiting the legal system with defective particulars of claim. We take pride in our proactive approach to identifying such issues and advocating for our clients' interests with unwavering determination.
If you find yourself in possession of BW Legal Services' defective particulars of claim, do not settle it. Instead, seek the expert guidance of Contestor Legal Services to pursue an application to strike out under CPR 3.4(2)(c). Join us in securing justice and upholding legal integrity.