Burton v Cranfield Delta Whiskey Group, Senior Courts’ Office, Master Rowley, 18 November 2013

Posted on Wednesday, March 12th, 2014

The claim was resolved at trial in September 2012. In PODs filed in February 2013, the Defendant raised issue with the Claimant not serving an N251 when the Claimant’s solicitors had taken over from another firm which had served an N251. The error had been made some 15 months before the Jackson reforms came into effect. After attempting to deal with the matter informally, the Claimant made an application for relief from sanctions in October 2013 (the matter was listed for detailed assessment in February 2014).

On 18/11/13, Master Rowley granted relief to the Claimant, concluding that human error had resulted in the Claimant’s solicitors failing to issue an N251 about their CFA when they took the case over from the original solicitors.

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