Source: All England Reporter
Publisher Citation: [2014] 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.

The Case

Disclosure and inspection of documents Order for disclosure. Following the defendant's failure to comply with specific disclosure as detailed in an 'unless' order, an order for possession was made against her. The Court of Appeal, Civil Division, allowed her appeal as the judge had been provided with false information by the defendant's then solicitor and fresh evidence demonstrated that she had attempted to comply, but that a third party had been responsible for failing to provide her with the information that she had needed. The court exercised its discretion afresh to grant the defendant relief from sanctions and restore her defence to the possession proceedings.

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