Challenging BW Legal's Inadequate Claims - Have You Received Their Particulars of Claim? Don't Settle or Respond Without Our Expert Guidance!"

We are pleased to announce a significant legal victory achieved by Mr. Jackson Yamba, an esteemed member of Lawrence and Associates Solicitors, our valued partner. This milestone decision sheds light on the deficiencies identified within the particulars of claim presented by BW Legal, which failed to adhere to CPR 16.4(1)(e) and Practice Direction 16.7.5.

The case under examination, Britannia Parking Group Limited v. Mrs. Mulvy, centered on a dispute regarding an inaccurate registration being entered. Initially lodged through the MCOL platform, the claim instigated the filing of a defence and culminated in the allocation of the matter to the small claims track for a final hearing.

In his submission, Mr. Yamba aptly underscored the importance of procedural compliance, referencing CPR 16.4(1)(e) and Practice Direction 16.7.5 before the Court. Despite attempts by BW Legal to contest the necessity of appending the agreement for online claims, Mr. Yamba clarified the misconception, emphasizing that the agreement in question was one of conduct, not written, rendering Paragraph 5.2A PD 7C irrelevant. Furthermore, the Court decisively rejected BW Legal's assertion that the District Judge's review of the papers implied consent to the defective particulars of claim.

The Court unequivocally endorsed Mr. Yamba's arguments, emphasising the imperative nature of specifying the conduct leading to contract formation, including the alleged terms and the actions resulting in their breach. As a result, the claim was dismissed on a preliminary basis.

This case underscores a broader concern regarding solicitors' adherence to legal regulations, despite previous judicial rulings. In the interest of transparency and public awareness, we are committed to promptly publishing the full judgment regarding BW Legal's particulars of claim.

If you have received correspondence from BW Legal and are uncertain about your entitlement to file an application to strike under CPR.3(2)(c) and recover all your costs, please do not hesitate to contact us immediately for a free consultation. We are prepared to offer guidance on the next steps and collaborate with our solicitor partners to effectively address your concerns.