Medical Supplies And Services International Ltd vAcies Engineering Ltd & Anor [2014] EWHC 1032 (QB) (07 April 2014)

Medical Supplies And Services International Ltd vAcies Engineering Ltd & Anor [2014] EWHC 1032 (QB) (07 April 2014)

The claim was struck out automatically due to the Claimant's failure to provide inspection of documents as required by an 'unless' order, and there was no good reason or prompt application for relief from sanctions. The breaches were not trivial, and robust enforcement of compliance is required under the post-Jackson regime. Relief from sanctions was refused, and the default costs certificate stands.

Citation
[2014] EWHC 1032 (QB)
Parties
Claimant: Medical Supplies and Services International Limited; First Defendant: Acies Engineering Limited; Second Defendant: Philip John Gostling
Jurisdiction
England and Wales
Judgment Date
07 April 2014
Procedural Posture
Civil (commercial) / Pre Trial Review and Applications Regarding Strike Out, Relief From Sanctions, and Costs
Outcome
Claim struck out; relief from sanctions refused; default costs certificate not set aside.
Legal Topics
Relief From Sanctions, Strike Out of Claim, Disclosure Obligations, Unless Orders, Costs Assessment
Civil Procedure Commercial Law Relief From Sanctions Strike Out of Claim Disclosure Obligations Unless Orders Costs Assessment

Case Brief

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Parties

Medical Supplies and Services International Limited

Claimant

Acies Engineering Limited

First Defendant

Philip John Gostling

Second Defendant

Procedural Posture

Civil (commercial) / Pre Trial Review and Applications Regarding Strike Out, Relief From Sanctions, and Costs

Legal Issues

  1. 1 Whether the claim was struck out for breach of an 'unless' order
  2. 2 Whether relief from sanctions should be granted to the Claimant
  3. 3 Whether the default costs certificate should be set aside

Ratio Decidendi

The claim was struck out automatically due to the Claimant's failure to provide inspection of documents as required by an 'unless' order, and there was no good reason or prompt application for relief from sanctions. The breaches were not trivial, and robust enforcement of compliance is required under the post-Jackson regime. Relief from sanctions was refused, and the default costs certificate stands.

Court Disposition

Claim struck out; relief from sanctions refused; default costs certificate not set aside.

Orders

  • Declaration that the claim is struck out
  • Refusal to set aside the default costs certificate