Last year Mark Warwick KC succeeded in persuading a Master of the High Court to strike out a counterclaim, which a Defendant had allowed to lie dormant, whilst a claim was not being pursued. The appeal in that case was concluded yesterday. The Judge upheld the Master’s decision, and sustained the strike out of the counterclaim. The case in question is Denning Sotomayor Limited v Western Avenue Properties Limited [2025] EWHC 1590 (KB) and the transcript can be found here. The case serves as a warning that delay can not only threaten the survival of claims, but also the survival of counterclaims.
To learn more about Mark’s practice, please click here: https://www.selbornechambers.co.uk/barrister/mark-warwick-kc/
