Source: All England Reporter
Publisher Citation: [2016] All ER (D) 128 (Mar)
Neutral Citation: [2016] EWCA Civ 153
Court: Court of Appeal, Civil Division

Jackson, King and Lindblom LJJ

Representation Malcolm Birdling (instructed by Moon Beever) for the claimant.
  Louis Weston (instructed by Bower and Bailey LLP) for the defendant.
Judgment Dates: 15 March 2016


Practice - Civil litigation - Case management - Relief from sanctions - Defendant failing to file pre-trial checklist by date specified in directions order - Judge making unless order - Defendant not complying with unless order - Judgment in default entered against defendant - Defendant granted relief from sanction in unless order and default judgment being struck out - Claimant's appeal succeeding and default judgment being restored - Whether defendant being entitled to relief from sanctions - CPR 3.9.

The Case

Practice Civil litigation. The Court of Appeal, Civil Division, dismissed an appeal by the defendant against the refusal of relief from sanctions imposed by an unless order pursuant to CPR3.9. In order to assess the seriousness and significance of a breach of an unless order, it was necessary to look also at the underlying breach. The fact that an applicant had failed to comply with an unless order, as opposed to an 'ordinary' order, was undoubtedly a pointer towards seriousness and significance. On the facts of the present case, the breach had been serious and significant, there had been no good reason for the defendant's non-compliance and the delay had substantially disrupted the progress of the action.

Practice Areas

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