Chartwell Estate Agents Ltd v Fergies Properties SA & Anor [2014] EWCA Civ 506 (16 April 2014)

Chartwell Estate Agents Ltd v Fergies Properties SA & Anor [2014] EWCA Civ 506 (16 April 2014)

The judge was entitled to grant relief from sanction to both parties despite non-trivial default and absence of good reason, because all the circumstances—including mutual default, no loss of trial date, no significant extra cost, and the severe consequence of refusing relief—justified departing from the usual expectation under CPR 3.9. The judge correctly directed himself, applied the relevant principles, and exercised his discretion fairly.

Citation
[2014] EWCA Civ 506
Parties
Claimant/respondent: Chartwell Estate Agents Limited; Defendant/appellant: Fergies Properties SA; Defendant/appellant: Hyam Lehrer
Jurisdiction
England and Wales
Judgment Date
16 April 2014
Procedural Posture
Civil Appeal / Appeal From High Court (queen's Bench Division) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Relief From Sanctions, Non Compliance With Court Orders, Witness Statements, Case Management, CPR 3.9, CPR 32.10
Civil Procedure Relief From Sanctions Non Compliance With Court Orders Witness Statements Case Management CPR 3.9 CPR 32.10

Case Brief

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Parties

Chartwell Estate Agents Limited

Claimant/respondent

Fergies Properties SA

Defendant/appellant

Hyam Lehrer

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From High Court (queen's Bench Division) to Court of Appeal

Legal Issues

  1. 1 Whether the judge erred in granting relief from sanction under CPR 3.9 for failure to serve witness statements within the specified time
  2. 2 Whether the approach in Mitchell v News Group Newspapers Limited was properly applied
  3. 3 Whether both parties' default and the risk of terminating the claim justified relief

Ratio Decidendi

The judge was entitled to grant relief from sanction to both parties despite non-trivial default and absence of good reason, because all the circumstances—including mutual default, no loss of trial date, no significant extra cost, and the severe consequence of refusing relief—justified departing from the usual expectation under CPR 3.9. The judge correctly directed himself, applied the relevant principles, and exercised his discretion fairly.

Court Disposition

Appeal dismissed

Orders

  • Relief from sanction granted to both parties for late service of witness statements
  • Extension of time for service of witness statements granted