Solland International Ltd & Ors v Clifford Harris & Co [2015] EWHC 3295 (Ch) (18 November 2015)

Solland International Ltd & Ors v Clifford Harris & Co [2015] EWHC 3295 (Ch) (18 November 2015)

The Master was entitled to find that the Appellants were guilty of an abuse of process under the Grovit limb by unilaterally warehousing the litigation for a substantial period with no intention to pursue it to trial or other resolution. The sanction of striking out the claim was within the Master's discretion and proportionate in the circumstances, given the history of delay and inactivity. The failure to file an allocation questionnaire did not amount to a wholesale disregard of the rules under the Choraria limb, but this did not affect the outcome.

Citation
[2015] EWHC 3295 (Ch)
Parties
Claimant/appellant: Solland International Limited; Claimant/appellant: Solland Interiors Limited; Claimant/appellant: Abner Solland; Claimant/appellant: Grazyna Urszula Solland; Defendant/respondent: Clifford Harris & Co
Jurisdiction
England and Wales
Judgment Date
18 November 2015
Procedural Posture
Appeal / Judgment on Appeal From Order Striking Out Claim and Refusing Extension of Time
Outcome
Appeal dismissed. Order striking out the claim upheld.
Legal Topics
Abuse of Process, Strike Out Applications, Delay in Litigation, Relief From Sanctions, Case Management
Civil Procedure Professional Negligence Abuse of Process Strike Out Applications Delay in Litigation Relief From Sanctions Case Management

Case Brief

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Parties

Solland International Limited

Claimant/appellant

Solland Interiors Limited

Claimant/appellant

Abner Solland

Claimant/appellant

Grazyna Urszula Solland

Claimant/appellant

Clifford Harris & Co

Defendant/respondent

Procedural Posture

Appeal / Judgment on Appeal From Order Striking Out Claim and Refusing Extension of Time

Legal Issues

  1. 1 Whether the claim should be struck out for abuse of process due to delay and inactivity
  2. 2 Whether the failure to file an allocation questionnaire constituted a wholesale disregard of the rules
  3. 3 Whether a fair trial was still possible given the delay

Ratio Decidendi

The Master was entitled to find that the Appellants were guilty of an abuse of process under the Grovit limb by unilaterally warehousing the litigation for a substantial period with no intention to pursue it to trial or other resolution. The sanction of striking out the claim was within the Master's discretion and proportionate in the circumstances, given the history of delay and inactivity. The failure to file an allocation questionnaire did not amount to a wholesale disregard of the rules under the Choraria limb, but this did not affect the outcome.

Court Disposition

Appeal dismissed. Order striking out the claim upheld.

Orders

  • Appellants' claim struck out for abuse of process
  • No retrospective extension of time for filing allocation questionnaire granted