A personal injury claim brought by a local travel agent following a road traffic collision will proceed, Deemster John Needham has ruled.
The claim, for damages estimated between £300,000 and £500,000, arises from an RTC in Douglas on January 9 2022.
Bryan Thompson had applied to strike out Jan Wozniak’s claim because the subsequently filed Particulars of Claim lacked a signed statement of truth and an address for service.
In his judgment, Deemster Needham found a breach of court rules, stating, “I find that the lack of a properly signed statement of truth in the PoC was a breach of rule 8.68(1)(a).”
However, he concluded the breach was “neither serious nor particularly significant” and that a full strike-out would be “disproportionate and not in the interests of justice”.
Instead, the court has issued an order requiring the Claimant to verify the Particulars of Claim with a signed statement of truth within 14 days.
On costs, the Deemster indicated his provisional view was that, with “fault on both sides,” there should likely be no order, save for the Claimant potentially reimbursing the application fee.