Greig v Stirling and another

Judgment – Order. The claimant applied to set aside an order striking out his claim against the second defendant (the first order) and an order that he pay the second defendant's costs (the second order). The Queen's Bench Division set aside both orders. It held that the first order had been made without a hearing, in circumstances which had given the claimant a right, under CPR PD 23A and CPR 3.3(5), to apply to have it set aside, that it would be just to grant an extension of time for making such an application and, having reconsidered the matter, the claim ought not to be dismissed. The second order was parasitic on the first and would, accordingly, be set aside.

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