Eden v Rubin [2011] EWHC 3090 (QB) (24 November 2011)

Eden v Rubin [2011] EWHC 3090 (QB) (24 November 2011)

Relief from sanctions was refused because the claimant's failures to comply with Unless Orders were extensive, deliberate, and ongoing; the subsequent attempts to remedy the default were inadequate; and the claim for loss of earnings was inherently weak and unsupported by third party evidence. The balancing exercise under CPR 3.9 overwhelmingly favoured the defendant.

Citation
[2011] EWHC 3090
Parties
Claimant/appellant: Simon Gregory Eden; Defendant/respondent: Frances Rubin
Jurisdiction
England and Wales
Judgment Date
24 November 2011
Procedural Posture
Appeal / Judgment on Appeal Against Refusal of Relief From Sanctions
Outcome
Appeal dismissed
Legal Topics
Relief From Sanctions, Unless Orders, Disclosure Obligations, Loss of Earnings Claim, Case Management
Civil Procedure Relief From Sanctions Unless Orders Disclosure Obligations Loss of Earnings Claim Case Management

Case Brief

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Parties

Simon Gregory Eden

Claimant/appellant

Frances Rubin

Defendant/respondent

Procedural Posture

Appeal / Judgment on Appeal Against Refusal of Relief From Sanctions

Legal Issues

  1. 1 Whether the claimant should be granted relief from sanctions following failure to comply with Unless Orders
  2. 2 Whether the claimant's claim for loss of earnings should be reinstated

Ratio Decidendi

Relief from sanctions was refused because the claimant's failures to comply with Unless Orders were extensive, deliberate, and ongoing; the subsequent attempts to remedy the default were inadequate; and the claim for loss of earnings was inherently weak and unsupported by third party evidence. The balancing exercise under CPR 3.9 overwhelmingly favoured the defendant.

Court Disposition

Appeal dismissed

Orders

  • The appeal against Master Eyre's order of 24 May 2011 is dismissed.
  • The Unless Orders of January 2011 take effect; the claim for loss of earnings remains struck out.