Newland Shipping & Forwarding Ltd v Toba Trading FZC [2014] EWHC 210 (Comm) (06 February 2014)

Newland Shipping & Forwarding Ltd v Toba Trading FZC [2014] EWHC 210 (Comm) (06 February 2014)

Relief from sanctions is granted only where non-compliance is trivial or there is a good reason; here, defaults in Action 1213 were serious and unjustified, so relief is refused except for correction of the judgment sum due to factual misstatement. Relief is granted in Action 1214 as there was no relevant default.

Citation
[2014] EWHC 210 (Comm)
Parties
Claimant: Newland Shipping & Forwarding Ltd; Defendant / First Defendant: Toba Trading FZC; Second Defendant: Syed Majed Taheri; Third Defendant: Hossein Rahbarian
Jurisdiction
England and Wales
Judgment Date
06 February 2014
Procedural Posture
Commercial Court Claim / Application for Relief From Sanctions and Variation of Judgment
Outcome
Application for relief from sanctions granted in Action 1214; application to vary judgment sum granted in Action 1213; all other applications refused.
Legal Topics
Relief From Sanctions, Variation of Judgment, Disclosure, Default Judgment, Contractual Claims, Conspiracy, Conversion
Civil Procedure Commercial Law Relief From Sanctions Variation of Judgment Disclosure Default Judgment Contractual Claims Conspiracy +1 more

Case Brief

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Parties

Newland Shipping & Forwarding Ltd

Claimant

Toba Trading FZC

Defendant / First Defendant

Syed Majed Taheri

Second Defendant

Hossein Rahbarian

Third Defendant

Procedural Posture

Commercial Court Claim / Application for Relief From Sanctions and Variation of Judgment

Legal Issues

  1. 1 Whether relief from sanctions should be granted under CPR 3.9
  2. 2 Whether judgment should be varied under CPR 3.1(7)
  3. 3 Whether defaults in one action affect another joined action

Ratio Decidendi

Relief from sanctions is granted only where non-compliance is trivial or there is a good reason; here, defaults in Action 1213 were serious and unjustified, so relief is refused except for correction of the judgment sum due to factual misstatement. Relief is granted in Action 1214 as there was no relevant default.

Court Disposition

Application for relief from sanctions granted in Action 1214; application to vary judgment sum granted in Action 1213; all other applications refused.

Orders

  • Judgment sum in Action 1213 amended from US$4,534,120.48 to US$3,904,060.16
  • Relief from sanctions granted in Action 1214 under CPR 3.9