When a defendant applies to strike out a claim, timing and precision matter. So does judgement – not just from the court, but from counsel.

Daniel Finlay recently acted for the claimant in a housing disrepair case (Cawley v Abri) where the defendant sought to dismiss the claim for specific performance and stay proceedings, citing their internal complaints process. The court wasn’t persuaded – and nor was Daniel.

We asked Daniel to walk us through the significance behind the judgment, and what others in the sector can take from it.

What was this case really about?

At its core, the case was about accountability. The claim related to longstanding repair issues, and the defendant argued that their internal complaints procedure ought to be engaged advanced before litigation continued. They further argued that their method of repair trumped the findings of the Claimant’s expert.  We challenged their position on both fronts. The court agreed – both in law and on the facts.

What stood out in the judgment?

The judge was clear: internal complaints procedures can’t be used retrospectively to sidestep liability. The defendant’s approach was not only late, but arguably tactical – an attempt to deflect the process once formal proceedings were already underway and avoid liability for the Claimant’s legal costs. It was a strong statement in favour of claimants who follow proper pre-action protocols.

Further where there are two differing methods of repair, the ultimate arbitrator as to what method should take place is the trial judge after hearing all the evidence in the case.

What should solicitors take from this?

Don’t be deterred by procedural pushback – particularly when it’s raised late or used to delay justice. If the underlying claim is sound, and you’ve followed the process, courts are increasingly willing to challenge tactical procedural arguments that may delay resolution. Early wins like this can shape the direction of a case.

At Liverpool Civil Law, we support solicitors working on the front line of housing disrepair and social justice. Our barristers are here not just to advocate, but to advise, steer, and strengthen your strategy from day one.