Patterson v Spencer [2017] EWCA Civ 140 (17 March 2017)

Patterson v Spencer [2017] EWCA Civ 140 (17 March 2017)

The Court of Appeal held that the deputy judge erred in applying the Mitchell guidance rather than the Denton three-stage approach, failed to properly consider the Appellant's evidence regarding non-receipt of the unless order, and that the Appellant had a good reason for the breach. Relief from sanctions should be granted as the breach, though serious, was justified and caused limited prejudice.

Citation
[2017] EWCA Civ 140
Parties
Respondent (claimant): Simon Patterson (The Trustee in Bankruptcy of George Spencer); Defendant (bankrupt): George Spencer; Appellant (sixth Defendant): Beverley Spencer
Jurisdiction
England and Wales
Judgment Date
17 March 2017
Procedural Posture
Appeal From High Court (chancery Division) / Court of Appeal Judgment on Application for Relief From Sanctions
Outcome
Appeal allowed; relief from sanctions granted.
Legal Topics
Relief From Sanctions, Bankruptcy, Appeal Procedure, Compliance With Court Orders
Civil Procedure Insolvency Relief From Sanctions Bankruptcy Appeal Procedure Compliance With Court Orders

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Parties

Simon Patterson (The Trustee in Bankruptcy of George Spencer)

Respondent (claimant)

George Spencer

Defendant (bankrupt)

Beverley Spencer

Appellant (sixth Defendant)

Procedural Posture

Appeal From High Court (chancery Division) / Court of Appeal Judgment on Application for Relief From Sanctions

Legal Issues

  1. 1 Whether relief from sanctions should be granted for failure to comply with an 'unless' order in appeal proceedings
  2. 2 Appropriate application of CPR 3.9 and relevant case law

Ratio Decidendi

The Court of Appeal held that the deputy judge erred in applying the Mitchell guidance rather than the Denton three-stage approach, failed to properly consider the Appellant's evidence regarding non-receipt of the unless order, and that the Appellant had a good reason for the breach. Relief from sanctions should be granted as the breach, though serious, was justified and caused limited prejudice.

Court Disposition

Appeal allowed; relief from sanctions granted.

Orders

  • Relief from sanctions under CPR 3.9 granted to Appellant.
  • Appeal reinstated for consideration of permission to appeal by Chancery judge.