Biffa Waste Services Ltd v Dinler & Ors [2013] EWHC 3582 (QB) (10 October 2013)

Biffa Waste Services Ltd v Dinler & Ors [2013] EWHC 3582 (QB) (10 October 2013)

The judge at first instance failed to properly direct himself to the principles governing relief from sanctions under the amended CPR, did not balance the relevant factors, and did not give sufficient weight to the need for compliance and proportionality. Given the serious and repeated breaches by the claimants' solicitors, relief from sanctions should have been refused. The appeal is allowed and the order granting relief from sanctions is set aside.

Citation
[2013] EWHC 3582 (QB)
Parties
Applicant/defendant: Biffa Waste Services Limited; Respondent/claimant: Ali Dinler and Others
Jurisdiction
England and Wales
Judgment Date
10 October 2013
Procedural Posture
Appeal / Appeal Against Case Management Decision Granting Relief From Sanctions
Outcome
Appeal allowed
Legal Topics
Relief From Sanctions, Non Compliance With Court Orders, Case Management, Civil Procedure Rules (cpr), Jackson Reforms
Civil Procedure Relief From Sanctions Non Compliance With Court Orders Case Management Civil Procedure Rules (cpr) Jackson Reforms

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Parties

Biffa Waste Services Limited

Applicant/defendant

Ali Dinler and Others

Respondent/claimant

Procedural Posture

Appeal / Appeal Against Case Management Decision Granting Relief From Sanctions

Legal Issues

  1. 1 Whether the judge erred in granting relief from sanctions for non-compliance with court orders and late payment of court fees
  2. 2 Whether the failures by the claimants' solicitors justified striking out the claim

Ratio Decidendi

The judge at first instance failed to properly direct himself to the principles governing relief from sanctions under the amended CPR, did not balance the relevant factors, and did not give sufficient weight to the need for compliance and proportionality. Given the serious and repeated breaches by the claimants' solicitors, relief from sanctions should have been refused. The appeal is allowed and the order granting relief from sanctions is set aside.

Court Disposition

Appeal allowed

Orders

  • Order granting relief from sanctions set aside
  • Relief from sanctions refused