Grammer v Webster & Ors

Grammer v Webster & Ors

Default under the unless orders was established due to late and incomplete disclosure, but relief from sanctions is granted as the defaults were not intentional, have been remedied as far as possible, and the interests of justice favour allowing the First Defendant to participate. Outstanding costs orders are not made a condition of relief due to the Defendant's financial position and the protection afforded by impounding orders over his share in the property.

Parties
Claimant: David John Grammer; First Defendant: Anthony Webster; Second Defendant: Heath Webster
Jurisdiction
England and Wales
Judgment Date
10 February 2010
Procedural Posture
Civil / Interlocutory Application for Debarring Order and Relief From Sanctions
Outcome
Relief from sanctions granted; First Defendant not debarred
Legal Topics
Disclosure Obligations, Relief From Sanctions, Trustee Duties, Costs Orders
Civil Procedure Trusts Property Law Disclosure Obligations Relief From Sanctions Trustee Duties Costs Orders

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Parties

David John Grammer

Claimant

Anthony Webster

First Defendant

Heath Webster

Second Defendant

Procedural Posture

Civil / Interlocutory Application for Debarring Order and Relief From Sanctions

Legal Issues

  1. 1 Whether the First Defendant should be debarred from further participation for failure to comply with disclosure orders
  2. 2 Whether relief from sanctions should be granted to the First Defendant
  3. 3 Whether outstanding costs orders should be paid as a condition of relief

Ratio Decidendi

Default under the unless orders was established due to late and incomplete disclosure, but relief from sanctions is granted as the defaults were not intentional, have been remedied as far as possible, and the interests of justice favour allowing the First Defendant to participate. Outstanding costs orders are not made a condition of relief due to the Defendant's financial position and the protection afforded by impounding orders over his share in the property.

Court Disposition

Relief from sanctions granted; First Defendant not debarred

Orders

  • First Defendant to provide a further supplemental disclosure list including all material disclosed since the last list and any documents no longer in his possession
  • No condition imposed requiring payment of outstanding costs orders for relief from sanctions