Contract Facilities Ltd. v Estate of Rees & Ors [2003] EWCA Civ 1191 (23 July 2003)

Contract Facilities Ltd. v Estate of Rees & Ors [2003] EWCA Civ 1191 (23 July 2003)

Relief from sanction was refused because the appellant had repeatedly failed to comply with unless orders, provided unsatisfactory explanations for non-compliance, and sought to manipulate the judicial process to avoid payment of costs. The interests of justice did not favour granting relief to a company with no funds that had shown disregard for court orders.

Citation
[2003] EWCA Civ 1191
Parties
Claimant/appellant: Contract Facilities Limited; Defendant/respondent: Estate of Rees (Deceased); Defendant/respondent: SW Rees; Defendant/respondent: OP Wright; Defendant/respondent: N Ellis
Jurisdiction
England and Wales
Judgment Date
23 July 2003
Procedural Posture
Civil Appeal / Application for Relief From Sanction Following Strike Out of Appeal for Non Compliance With Unless Order
Outcome
Application for relief from sanction refused; appeal dismissed.
Legal Topics
Relief From Sanctions, Unless Orders, Security for Costs, Breach of Contract, Restoration of Company to Register
Civil Procedure Contract Law Relief From Sanctions Unless Orders Security for Costs Breach of Contract Restoration of Company to Register

Case Brief

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Parties

Contract Facilities Limited

Claimant/appellant

Estate of Rees (Deceased)

Defendant/respondent

SW Rees

Defendant/respondent

OP Wright

Defendant/respondent

N Ellis

Defendant/respondent

Procedural Posture

Civil Appeal / Application for Relief From Sanction Following Strike Out of Appeal for Non Compliance With Unless Order

Legal Issues

  1. 1 Whether relief from sanction under CPR 3.9 should be granted for failure to comply with unless order for payment of security for costs and costs orders
  2. 2 Whether the conduct of the appellant and its funder justified refusal of relief

Ratio Decidendi

Relief from sanction was refused because the appellant had repeatedly failed to comply with unless orders, provided unsatisfactory explanations for non-compliance, and sought to manipulate the judicial process to avoid payment of costs. The interests of justice did not favour granting relief to a company with no funds that had shown disregard for court orders.

Court Disposition

Application for relief from sanction refused; appeal dismissed.

Orders

  • Appeal dismissed with costs to be paid by appellants on the standard basis, subject to detailed assessment if not agreed.
  • Any sums of money in court to be paid out to the respondents' solicitors.