In Daniel Khan v Taylor Haldane Barlex Solicitors, the Claimant brought a claim in professional negligence against his former representatives alleging that they had failed to properly advise him as to the terms of a restraining order precluding contact with his children after he received a criminal conviction. This was disputed, and the Claimant failed to provide any evidence of subsequent court orders which might have clarified his position.
He was warned that his failure rendered his claim susceptible to an application for strike out and/or summary judgment but he took no steps either to provide evidence in support of his contentions or to answer the questions posed by the defendant firm. As a result, the defendant firm applied to strike out —successfully, and with an award of costs on the indemnity basis.
The Judge found that his conduct, in repeatedly failing to provide answers to questions so departing from the normal course of litigation that it was reasonable to assess costs without regard to the claimant's representations.
Francesca O'Neill represented the successful applicant, instructed by Sarah Irwin of Weightmans LLP.