Carlton Advisors v Dorchester Holdings Ltd [2014] EWHC 3341 (Comm) (29 August 2014)

Carlton Advisors v Dorchester Holdings Ltd [2014] EWHC 3341 (Comm) (29 August 2014)

Relief from sanctions is granted only on strict conditions due to the defendants' unjustified non-compliance with court orders and failure to serve witness statements, including payment of £25,000 into court as security for costs and compliance with all outstanding directions and costs orders within 14 days.

Citation
[2014] EWHC 3341 (Comm)
Parties
Claimant/respondent: Carlton Advisors; Applicant/defendant: Dorchester Holdings Ltd
Jurisdiction
England and Wales
Judgment Date
29 August 2014
Procedural Posture
Commercial Court Application Under CPR 23.11 / Application to Set Aside Order and for Relief From Sanctions Prior to Trial
Outcome
Application for relief from sanctions granted on conditions
Legal Topics
Relief From Sanctions, Non Compliance With Court Orders, Witness Statement Deadlines, Costs Orders, Security for Costs
Civil Procedure Commercial Law Relief From Sanctions Non Compliance With Court Orders Witness Statement Deadlines Costs Orders Security for Costs

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Parties

Carlton Advisors

Claimant/respondent

Dorchester Holdings Ltd

Applicant/defendant

Procedural Posture

Commercial Court Application Under CPR 23.11 / Application to Set Aside Order and for Relief From Sanctions Prior to Trial

Legal Issues

  1. 1 Whether the defendants should be granted relief from sanctions for failure to serve witness statements on time
  2. 2 Whether the order of 25 July should be set aside under CPR 23.11
  3. 3 Whether a payment into court as security for costs is appropriate

Ratio Decidendi

Relief from sanctions is granted only on strict conditions due to the defendants' unjustified non-compliance with court orders and failure to serve witness statements, including payment of £25,000 into court as security for costs and compliance with all outstanding directions and costs orders within 14 days.

Court Disposition

Application for relief from sanctions granted on conditions

Orders

  • Defendants to comply with all outstanding pre-trial directions within the claimant's proposed timetable.
  • Defendants to pay all existing and new costs orders within 14 days.