Chartwell Estate Agents Ltd v Fergies Properties SA & Anor [2014] EWHC 438 (QB) (18 February 2014)

Chartwell Estate Agents Ltd v Fergies Properties SA & Anor [2014] EWHC 438 (QB) (18 February 2014)

Both parties failed to comply with the order for exchange of witness statements, and the default was not trivial. However, since the trial date could be maintained, the default was on both sides, and refusing relief would be unjust and disproportionate. Relief from sanction and an extension of time to exchange witness statements within 7 days was granted. No amendment to cost budgets or order as to costs was made.

Citation
[2014] EWHC 438
Parties
Claimant: Chartwell Estate Agents Ltd; First Defendant: Fergies Properties SA; Second Defendant: Hyam Lehrer
Jurisdiction
England and Wales
Judgment Date
18 February 2014
Procedural Posture
Civil / Interlocutory Application for Extension of Time and Relief From Sanctions
Outcome
Application granted in part
Legal Topics
Relief From Sanctions, Extension of Time, Disclosure, Witness Statements, Case Management
Civil Procedure Relief From Sanctions Extension of Time Disclosure Witness Statements Case Management

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 8 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Chartwell Estate Agents Ltd

Claimant

Fergies Properties SA

First Defendant

Hyam Lehrer

Second Defendant

Procedural Posture

Civil / Interlocutory Application for Extension of Time and Relief From Sanctions

Legal Issues

  1. 1 Whether relief from sanction should be granted for failure to serve witness statements on time
  2. 2 Whether extension of time for exchange of witness statements should be allowed
  3. 3 Whether cost budgets should be amended

Ratio Decidendi

Both parties failed to comply with the order for exchange of witness statements, and the default was not trivial. However, since the trial date could be maintained, the default was on both sides, and refusing relief would be unjust and disproportionate. Relief from sanction and an extension of time to exchange witness statements within 7 days was granted. No amendment to cost budgets or order as to costs was made.

Court Disposition

Application granted in part

Orders

  • Relief from sanction granted to both parties for failure to serve witness statements on time
  • Extension of time granted for exchange of witness statements within 7 days