|Source:||All England Reporter|
|Publisher Citation:|| All ER (D) 179 (Jan)|
|Court:||Court of Appeal, Civil Division|
Rimer, McFarlane LJJ and Sir Robin Jacob (judgment delivered extempore)
|Representation||Ali Tabari (instructed by Wragge & Co LLP) for the claimant.|
|David Ball (instructed by Phil Solicitors) for D1.|
|Judgment Dates:||27 January 2014|
Disclosure and inspection of documents - Order for disclosure - Failure to comply - Third party at fault - Claimant commencing possession proceedings against defendant - Defendant being ordered to make specific disclosure - Defendant complying in part - Defendant failing to make full disclosure with 'unless' order - DEfendant's solicitor providing judge with muddled information regarding availability of missing documents - Defence being struck out - Possession order being made - Defendant appealing - Defendant producing new evidence demonstrating attempts to obtain information and acknowledgement of defendant's efforts with admission of fault being made by third party - Whether defendant should be granted relief from sanctions.