Braciforte v Williams [2026] EWCC 6 (08 January 2025)

Braciforte v Williams [2026] EWCC 6 (08 January 2025)

The judge was entitled to find that the claimant's failure to disclose the Brazilian bank account was a technical breach that did not warrant debarring her from asserting impecuniosity, given the evidence that the account was inaccessible at the relevant time and the substantial disclosure otherwise provided. The judge's evaluative and case management decisions were within the reasonable ambit of his discretion and should not be interfered with on appeal.

Citation
[2026] EWCC 6
Parties
Claimant/respondent: Lauriane De Campos Braciforte; Defendant/appellant: Jennifer Williams
Jurisdiction
England and Wales
Judgment Date
08 January 2025
Procedural Posture
Civil Appeal (county Court, Fast Track, Rta, Credit Hire) / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Credit Hire, Impecuniosity, Disclosure Obligations, Relief From Sanction, Case Management Discretion
Civil Procedure Tort Credit Hire Impecuniosity Disclosure Obligations Relief From Sanction Case Management Discretion

Case Brief

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Parties

Lauriane De Campos Braciforte

Claimant/respondent

Jennifer Williams

Defendant/appellant

Procedural Posture

Civil Appeal (county Court, Fast Track, Rta, Credit Hire) / Appeal Judgment

Legal Issues

  1. 1 Whether the claimant should have been debarred from asserting impecuniosity due to non-disclosure of a foreign bank account
  2. 2 Whether the trial judge erred in accepting the claimant's explanation regarding access to the Brazilian bank account
  3. 3 Whether the finding of impecuniosity was sustainable on the evidence

Ratio Decidendi

The judge was entitled to find that the claimant's failure to disclose the Brazilian bank account was a technical breach that did not warrant debarring her from asserting impecuniosity, given the evidence that the account was inaccessible at the relevant time and the substantial disclosure otherwise provided. The judge's evaluative and case management decisions were within the reasonable ambit of his discretion and should not be interfered with on appeal.

Court Disposition

Appeal dismissed

Orders

  • Decision of District Judge Baldwin affirmed
  • Judgment sum of £15,175.80 stands