Patterson (The Trustee In Bankruptcy of George Spencer) v Spencer & Ors [2014] EWHC 1878 (Ch) (17 June 2014)

Patterson (The Trustee In Bankruptcy of George Spencer) v Spencer & Ors [2014] EWHC 1878 (Ch) (17 June 2014)

Given the Appellant's persistent failure to comply with court orders, the history of delay, and the lack of credible explanation for the default, relief from sanctions is refused in accordance with the robust approach mandated by Mitchell and CPR 3.9(1).

Citation
[2014] EWHC 1878 (Ch)
Parties
Claimant and Respondent: Simon Patterson (The Trustee in Bankruptcy of George Spencer); First Defendant: George Spencer; Second Defendant (deceased): Linda Spencer; Third Defendant: Beryl Delores Lennon; Fourth Defendant: Winston Bancrawf Spencer; Fifth Defendant: Gary Anthony Spencer; Sixth Defendant and Appellant: Beverly Monica Spencer
Jurisdiction
England and Wales
Judgment Date
17 June 2014
Procedural Posture
Appeal (application for Relief From Sanctions) / Application for Relief From Sanctions Under CPR 3.9(1) Following Strike Out of Appeal
Outcome
Application for relief from sanctions dismissed; appeal remains struck out.
Legal Topics
Relief From Sanctions, Debarring Orders, Compliance With Court Orders, Appeal Procedure, Insolvency Act 1986 S.423 and S.339
Civil Procedure Insolvency Relief From Sanctions Debarring Orders Compliance With Court Orders Appeal Procedure Insolvency Act 1986 S.423 and S.339

Case Brief

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Parties

Simon Patterson (The Trustee in Bankruptcy of George Spencer)

Claimant and Respondent

George Spencer

First Defendant

Linda Spencer

Second Defendant (deceased)

Beryl Delores Lennon

Third Defendant

Winston Bancrawf Spencer

Fourth Defendant

Gary Anthony Spencer

Fifth Defendant

Beverly Monica Spencer

Sixth Defendant and Appellant

Procedural Posture

Appeal (application for Relief From Sanctions) / Application for Relief From Sanctions Under CPR 3.9(1) Following Strike Out of Appeal

Legal Issues

  1. 1 Whether the Appellant should be granted relief from sanctions under CPR 3.9(1) for failure to comply with an order to file a transcript of judgment, resulting in the striking out of her appeal.

Ratio Decidendi

Given the Appellant's persistent failure to comply with court orders, the history of delay, and the lack of credible explanation for the default, relief from sanctions is refused in accordance with the robust approach mandated by Mitchell and CPR 3.9(1).

Court Disposition

Application for relief from sanctions dismissed; appeal remains struck out.

Orders

  • Application for relief from sanctions under CPR 3.9(1) is dismissed.
  • Appeal of the Appellant remains struck out pursuant to the order of Arnold J dated 4th March 2014.