Interfering with the judge’s discretion

Finning UK Ltd v Inveresk plc [2006] EWHC 2031; QBD 13 July

The claimant’s claim arose from a hire purchase agreement dispute and the defendant wrote requesting the claimant to clarify the claim and inviting the claimant to serve a draft amended particulars of claim. When the claimant did not do so the defendant applied either to strike out the claim or for summary judgment. When the claimant produced an amended particulars of claim, the defendant discontinued its application and applied for its costs. The judge held that the original particulars were adequate and comprehensible. He awarded the claimant its costs of the application.