Levy v Ellis -Carr & Ors [2011] EWHC 3674 (Ch) (02 November 2011)

Levy v Ellis -Carr & Ors [2011] EWHC 3674 (Ch) (02 November 2011)

Relief from sanctions was granted because, despite serious and repeated failures by the appellant, the balance of prejudice favored allowing the appeal to proceed, given the late production of the appeal bundle and the importance of the matter to the appellant.

Citation
[2011] EWHC 3674 (Ch)
Parties
Claimant: Levy; Defendants: Ellis-Carr & Others
Jurisdiction
England and Wales
Judgment Date
02 November 2011
Procedural Posture
Appeal / Application for Relief From Sanctions Following Strike Out of Appeal for Failure to Comply With Court Orders
Outcome
Relief from sanctions granted; appeal reinstated.
Legal Topics
Relief From Sanctions, Appeal Procedure, Compliance With Court Orders
Civil Procedure Relief From Sanctions Appeal Procedure Compliance With Court Orders

Case Brief

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Parties

Levy

Claimant

Ellis-Carr & Others

Defendants

Procedural Posture

Appeal / Application for Relief From Sanctions Following Strike Out of Appeal for Failure to Comply With Court Orders

Legal Issues

  1. 1 Whether relief from sanctions should be granted for failure to file appeal bundle and transcript within court-ordered deadlines
  2. 2 Whether the order striking out the appeal should be set aside

Ratio Decidendi

Relief from sanctions was granted because, despite serious and repeated failures by the appellant, the balance of prejudice favored allowing the appeal to proceed, given the late production of the appeal bundle and the importance of the matter to the appellant.

Court Disposition

Relief from sanctions granted; appeal reinstated.

Orders

  • Appellants must carry out weekly checks on progress in obtaining remaining documents and inform respondent weekly.
  • Appeal to be re-fixed on expedited basis as soon as remaining documentation is obtained.