LAWBITES
Grovit back The warehousing of a claim will get you into trouble. If you still want to try it, unilaterally decide not to pursue an issued claim for a substantial period of time, even if you remain intent on pursuit at some future point. This is an abuse and good for striking out. Remember Grovit v Doctor [1997] 2 All ER 417 HL said so. In Watford Control Instruments Ltd v Brown [2024] EWHC 1125 (Ch), Mr Justice Richards held that strike out remained the proportionate sanction unless compelling reasons to the contrary were shown. The CPR did not throw overboard the judgments in Grovit or those of the Court of Appeal in Board of Governors of the National Heart and Chest Hospital v Chettle (1997) 30 HLR 618.
Watch the code A code of practice on dismissal and re-engagement—‘fire and rehire’—drawn up by the Department of Business and Trade comes into effect on 18 July 2024 under SI 2024/708
