Chadwick v Burling [2015] EWHC 1610 (Ch) (08 June 2015)

Chadwick v Burling [2015] EWHC 1610 (Ch) (08 June 2015)

The Deputy Registrar did not properly exercise discretion in relation to 237 Rayleigh Road by failing to address all relevant factors at the third stage of the Denton test, but upon re-exercising discretion, relief from sanctions is still refused due to lack of good reason for default and insufficient justification for further delay. For 9 Selwood Road, the refusal of relief from sanctions was within the range of reasonable decisions, as the evidence Mrs Burling sought to adduce would not have assisted her case.

Citation
[2015] EWHC 1610 (Ch)
Parties
Applicant/respondent: Matthew Chadwick; Respondent/appellant: Linda Burling
Jurisdiction
England and Wales
Judgment Date
08 June 2015
Procedural Posture
Appeal / Judgment on Appeal Against Refusal of Relief From Sanctions
Outcome
Appeal allowed in part and dismissed in part; relief from sanctions ultimately refused for both properties; declarations as to beneficial ownership stand.
Legal Topics
Relief From Sanctions, Compliance With Court Orders, Litigants in Person, Beneficial Ownership in Bankruptcy
Civil Procedure Insolvency Law Relief From Sanctions Compliance With Court Orders Litigants in Person Beneficial Ownership in Bankruptcy

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Parties

Matthew Chadwick

Applicant/respondent

Linda Burling

Respondent/appellant

Procedural Posture

Appeal / Judgment on Appeal Against Refusal of Relief From Sanctions

Legal Issues

  1. 1 Whether the Deputy Registrar erred in refusing relief from sanctions to Mrs Burling for late filing of evidence regarding her interest in 237 Rayleigh Road and 9 Selwood Road
  2. 2 Whether the refusal to adjourn the hearing to allow Mrs Burling to obtain legal advice was an error
  3. 3 Whether declarations as to beneficial ownership should stand

Ratio Decidendi

The Deputy Registrar did not properly exercise discretion in relation to 237 Rayleigh Road by failing to address all relevant factors at the third stage of the Denton test, but upon re-exercising discretion, relief from sanctions is still refused due to lack of good reason for default and insufficient justification for further delay. For 9 Selwood Road, the refusal of relief from sanctions was within the range of reasonable decisions, as the evidence Mrs Burling sought to adduce would not have assisted her case.

Court Disposition

Appeal allowed in part and dismissed in part; relief from sanctions ultimately refused for both properties; declarations as to beneficial ownership stand.

Orders

  • Relief from sanctions refused for 237 Rayleigh Road and 9 Selwood Road.
  • Declarations as to beneficial ownership made by the Deputy Registrar stand.