Chiu & Ors v Waitrose Ltd & Ors [2011] EWHC 1356 (TCC) (25 May 2011)

Chiu & Ors v Waitrose Ltd & Ors [2011] EWHC 1356 (TCC) (25 May 2011)

Relief from sanctions was granted because the failure to comply with the unless order arose from an understandable mistake regarding the compliance date, the order did not comply with CPR 2.9, the mistake was not intentional, the application for relief was prompt, and the failure was caused by the legal representative's error. The unusual circumstances justified departing from the strict enforcement of the consent order.

Citation
[2011] EWHC 1356 (TCC)
Parties
Claimant: Fung Oi Chiu; Claimant: John Shayler; Claimant: Kwok Wong Chiu; First Defendant: Waitrose Limited; Second Defendant/third Party: Wates Construction Limited; Fourth Party: W A Fairhurst and Partners (A Firm)
Jurisdiction
England and Wales
Judgment Date
25 May 2011
Procedural Posture
Application for Relief From Sanctions (cpr 3.9(1)) in Technology and Construction Court Proceedings / Post Consent Order, Pre Trial, Application for Relief From Unless Order Sanction
Outcome
Relief from sanctions granted; extension of time for service of witness statements allowed.
Legal Topics
Relief From Sanctions, Consent Orders, Unless Orders, CPR 3.9, Litigation Procedure
Civil Procedure Construction Law Relief From Sanctions Consent Orders Unless Orders CPR 3.9 Litigation Procedure

Case Brief

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Parties

Fung Oi Chiu

Claimant

John Shayler

Claimant

Kwok Wong Chiu

Claimant

Waitrose Limited

First Defendant

Wates Construction Limited

Second Defendant/third Party

W A Fairhurst and Partners (A Firm)

Fourth Party

Procedural Posture

Application for Relief From Sanctions (cpr 3.9(1)) in Technology and Construction Court Proceedings / Post Consent Order, Pre Trial, Application for Relief From Unless Order Sanction

Legal Issues

  1. 1 Whether relief from sanctions should be granted under CPR 3.9(1) where a party failed to comply with a consent unless order due to a mistake regarding the calculation of the compliance date.

Ratio Decidendi

Relief from sanctions was granted because the failure to comply with the unless order arose from an understandable mistake regarding the compliance date, the order did not comply with CPR 2.9, the mistake was not intentional, the application for relief was prompt, and the failure was caused by the legal representative's error. The unusual circumstances justified departing from the strict enforcement of the consent order.

Court Disposition

Relief from sanctions granted; extension of time for service of witness statements allowed.

Orders

  • Service of Wates' witness statements on 26 April 2011 deemed good compliance with the order.
  • Parties invited to make submissions as to costs and any necessary ancillary orders.