When Claims Stall, Strategy Matters: Recent Strike Out Successes at Carpenters
Effective claims handling relies not just on the evidence, but on procedural discipline and strategic case management. The following recent matters demonstrate how failures to progress claims - and repeated non‑compliance with court directions - can ultimately prove decisive.
L v C
Accident date: 19 November 2019
Outcome: Claim struck out by Chester County Court on 16 March 2026
This claim progressed from the MOJ Portal to Part 7 when damages were expected to exceed the £25,000 threshold. During the course of proceedings, the Claimant’s own orthopaedic expert raised significant causation issues linked to a pre‑existing knee injury from 2013, concluding that the symptoms could have developed even without the alleged accident. No further medical clarification was ever provided.
Despite repeated attempts at settlement, the Claimant failed to engage and did not comply with court directions, eventually becoming unrepresented. Although given further opportunity through an Unless Order, critical evidence - including a witness statement - was never served.
At the re‑listed trial, the Court struck out the claim, confirming that even serious allegations cannot excuse persistent non‑compliance. Qualified One Way Costs Shifting remained in place, but the Defendant’s costs were ordered against the Claimant, subject to court permission for enforcement.
B v E
Accident date: 17 November 2021
Outcome: Claim struck out by Southend County Court on 24 March 2026
Protective Part 8 proceedings were issued and stayed while medical evidence was awaited. Although further orthopaedic evidence had been recommended years earlier, no progress was made, and the claim remained dormant without any move towards settlement.
Following prolonged inactivity and a failure to engage meaningfully, an Unless Order was obtained. Attempts by the Claimant’s solicitors to set aside that Order were unsuccessful, despite the late disclosure of evidence that had been held for over a year.
Continued non‑compliance ultimately led to the claim being struck out, with the Claimant ordered to pay the Defendant’s costs of the action.
These decisions underline the importance of procedural discipline and early strategic focus. Where claims stagnate and court directions are ignored, robust case management and timely applications can be decisive - even where allegations are serious.
