Boodia v Yatsyna [2021] EWCA Civ 1705 (17 November 2021)

Boodia v Yatsyna [2021] EWCA Civ 1705 (17 November 2021)

The claim was automatically struck out for non-payment of the trial fee, but the court had power to grant relief against sanctions of its own motion, and in the circumstances, relief should be granted and the claim reinstated, as it would be disproportionate and unjust to invalidate the trial or prevent the claim from proceeding.

Citation
[2021] EWCA Civ 1705
Parties
Claimant/appellant: Deoranee Boodia; Defendant/respondent: Volodymyr Yatsyna
Jurisdiction
England and Wales
Judgment Date
17 November 2021
Procedural Posture
Civil Appeal / Appeal From County Court Judgment
Outcome
Appeal allowed
Legal Topics
Court Fees, Relief From Sanctions, Automatic Strike Out, Case Management, Extension of Time
Civil Procedure Court Fees Relief From Sanctions Automatic Strike Out Case Management Extension of Time

Case Brief

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Parties

Deoranee Boodia

Claimant/appellant

Volodymyr Yatsyna

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From County Court Judgment

Legal Issues

  1. 1 Whether the claim was automatically struck out for non-payment of trial fee under CPR 3.7A1
  2. 2 Whether the court had power to reinstate the claim without a formal application for relief against sanctions
  3. 3 Whether the trial fee notice was valid and compliant with the rules

Ratio Decidendi

The claim was automatically struck out for non-payment of the trial fee, but the court had power to grant relief against sanctions of its own motion, and in the circumstances, relief should be granted and the claim reinstated, as it would be disproportionate and unjust to invalidate the trial or prevent the claim from proceeding.

Court Disposition

Appeal allowed

Orders

  • Relief against sanctions granted; claim reinstated
  • Trial judgment stands; proceedings to continue