Lakatamia Shipping Co Ltd v Nobu Su & Ors [2014] EWHC 275 (Comm) (13 February 2014)

Lakatamia Shipping Co Ltd v Nobu Su & Ors [2014] EWHC 275 (Comm) (13 February 2014)

The defendants' non-compliance was trivial, being a short delay with no prejudice caused, and the disclosure provided was in real compliance with the order. Relief from sanction should be granted in accordance with the guidance in Mitchell, as the circumstances did not justify refusal.

Citation
[2014] EWHC 275 (Comm)
Parties
Claimant/respondent: Lakatamia Shipping Co Ltd; Defendant/applicant: Nobu Su; Defendant/applicant: TMT Company Limited; Defendant/applicant: TMT Asia Limited; Defendant/applicant: Taiwan Maritime Transportation Company Limited; Defendant/applicant: TMT Company Limited (Panama) SA; Defendant/applicant: TMT Company Limited, Liberia; Defendant/applicant: Iron Monger I Limited
Jurisdiction
England and Wales
Judgment Date
13 February 2014
Procedural Posture
Commercial Court Application for Relief From Sanctions / Application for Relief From Sanction Under CPR 3.9 Following Late Disclosure
Outcome
Relief from sanction granted
Legal Topics
Relief From Sanctions, Disclosure Obligations, Unless Orders, Civil Procedure Rules (cpr) 3.9, Compliance With Court Orders
Civil Procedure Commercial Law Relief From Sanctions Disclosure Obligations Unless Orders Civil Procedure Rules (cpr) 3.9 Compliance With Court Orders

Case Brief

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Parties

Lakatamia Shipping Co Ltd

Claimant/respondent

Nobu Su

Defendant/applicant

TMT Company Limited

Defendant/applicant

TMT Asia Limited

Defendant/applicant

Taiwan Maritime Transportation Company Limited

Defendant/applicant

TMT Company Limited (Panama) SA

Defendant/applicant

TMT Company Limited, Liberia

Defendant/applicant

Iron Monger I Limited

Defendant/applicant

Procedural Posture

Commercial Court Application for Relief From Sanctions / Application for Relief From Sanction Under CPR 3.9 Following Late Disclosure

Legal Issues

  1. 1 Whether the defendants' late disclosure constituted a trivial breach justifying relief from sanction under CPR 3.9
  2. 2 Whether prior non-compliance by the defendants should preclude relief from sanction
  3. 3 Whether the disclosure provided was in real compliance with the order

Ratio Decidendi

The defendants' non-compliance was trivial, being a short delay with no prejudice caused, and the disclosure provided was in real compliance with the order. Relief from sanction should be granted in accordance with the guidance in Mitchell, as the circumstances did not justify refusal.

Court Disposition

Relief from sanction granted

Orders

  • Defendants' defence and counterclaim not struck out; proceedings to continue