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 under CPR 3.9 was refused in Action 1213 because the defaults were serious, not trivial, and there was no good reason for non-compliance. Relief was granted in Action 1214 as there was no relevant default. The judgment sum in Action 1213 was amended under CPR 3.1(7) due to a misstatement of the claim amount.

Citation
[2014] EWHC 210
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 Proceedings (claims for Sums Due and Damages, Counterclaims, Applications for Relief From Sanctions) / Post Judgment Applications for Relief From Sanctions and to Vary Judgment
Outcome
Application to vary judgment in Action 1213 granted in part (judgment sum amended); relief from sanctions in Action 1214 granted; all other applications refused.
Legal Topics
Relief From Sanctions, Default Judgment, Disclosure Obligations, Amendment of Judgment, Joinder of Actions
Civil Procedure Commercial Law Relief From Sanctions Default Judgment Disclosure Obligations Amendment of Judgment Joinder of Actions

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 Proceedings (claims for Sums Due and Damages, Counterclaims, Applications for Relief From Sanctions) / Post Judgment Applications for Relief From Sanctions and to Vary Judgment

Legal Issues

  1. 1 Whether relief from sanctions should be granted under CPR 3.9 for failure to comply with court orders
  2. 2 Whether judgment should be varied under CPR 3.1(7) due to misstatement of claim amount
  3. 3 Whether defaults in one action affect a related action heard together

Ratio Decidendi

Relief from sanctions under CPR 3.9 was refused in Action 1213 because the defaults were serious, not trivial, and there was no good reason for non-compliance. Relief was granted in Action 1214 as there was no relevant default. The judgment sum in Action 1213 was amended under CPR 3.1(7) due to a misstatement of the claim amount.

Court Disposition

Application to vary judgment in Action 1213 granted in part (judgment sum amended); relief from sanctions in Action 1214 granted; 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; judgment against D1 in Action 1214 set aside.