Thevarajah v Riordan & Ors [2014] EWCA Civ 14 (16 January 2014)

Thevarajah v Riordan & Ors [2014] EWCA Civ 14 (16 January 2014)

A second application for relief from sanction, following a previous refusal, is in substance an application to set aside the earlier order and must satisfy the criteria for variation or revocation under CPR 3.1(7), namely a material change of circumstances or misstatement of facts. Subsequent compliance with an unless order, after the time for compliance and after refusal of relief, does not constitute a material change of circumstances justifying variation of a debarring order. The deputy judge erred in granting relief without applying these principles.

Citation
[2014] EWCA Civ 14
Parties
Appellant/claimant: Thavatheva Thevarajah; Respondent/defendant: John Riordan; Respondent/defendant: Eugene Burke; Respondent/defendant: Prestige Property Developer UK Limited; Respondent/defendant: Barrington Burke
Jurisdiction
England and Wales
Judgment Date
16 January 2014
Procedural Posture
Civil Appeal / Appeal From High Court (chancery Division) to Court of Appeal
Outcome
Appeal allowed
Legal Topics
Relief From Sanctions, Unless Orders, Disclosure Obligations, Variation or Revocation of Orders, CPR 3.9, CPR 3.1(7)
Civil Procedure Litigation Relief From Sanctions Unless Orders Disclosure Obligations Variation or Revocation of Orders CPR 3.9 CPR 3.1(7)

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Parties

Thavatheva Thevarajah

Appellant/claimant

John Riordan

Respondent/defendant

Eugene Burke

Respondent/defendant

Prestige Property Developer UK Limited

Respondent/defendant

Barrington Burke

Respondent/defendant

Procedural Posture

Civil Appeal / Appeal From High Court (chancery Division) to Court of Appeal

Legal Issues

  1. 1 Whether a second application for relief from sanction under CPR 3.9 can be entertained after a previous refusal without satisfying the criteria for varying or revoking the earlier order under CPR 3.1(7)
  2. 2 Whether subsequent compliance with an unless order constitutes a material change of circumstances justifying variation of a debarring order

Ratio Decidendi

A second application for relief from sanction, following a previous refusal, is in substance an application to set aside the earlier order and must satisfy the criteria for variation or revocation under CPR 3.1(7), namely a material change of circumstances or misstatement of facts. Subsequent compliance with an unless order, after the time for compliance and after refusal of relief, does not constitute a material change of circumstances justifying variation of a debarring order. The deputy judge erred in granting relief without applying these principles.

Court Disposition

Appeal allowed

Orders

  • Order of Mr Andrew Sutcliffe QC granting relief from sanction and setting aside the debarring order is set aside; the debarring order of Hildyard J stands.