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Associated Electrical Industries Limited v Alstom UK

In a judgment handed down on 24 February 2014, Andrew Smith J considered whether to strike out a claim because the particulars of claim were served 20 days late. The application considered the effect of the new "tough" approach to procedural default set out by the Court of Appeal in Mitchell v News Group Newspapers Limited [2013] EWCA Civ 1537. In light of that approach, Andrew Smith J said that he was driven to conclude that the claim should be struck out despite the fact that as between the parties he considered this to be a disproportionate and unjust response.

Member of Chambers: Thomas Corby for the Claimant (instructed by Clyde & Co LLP)