Griffith & Anor v Gourgey & Ors [2017] EWCA Civ 926 (05 July 2017)

Griffith & Anor v Gourgey & Ors [2017] EWCA Civ 926 (05 July 2017)

A second application for relief from sanctions cannot be entertained unless there has been a material change of circumstances since the first application; the appellants failed to comply with the conditions for relief and their defences remain struck out.

Citation
[2017] EWCA Civ 926
Parties
Respondents/petitioners: Nicholas John Clwyd Griffith & Anr; Appellants/(respondents to the Petition): Maurice Saleh Gourgey & Ors
Jurisdiction
England and Wales
Judgment Date
05 July 2017
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Relief From Sanctions, Strike Out of Defences, Requests for Further Information, Unfair Prejudice Petitions
Civil Procedure Company Law Relief From Sanctions Strike Out of Defences Requests for Further Information Unfair Prejudice Petitions

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Parties

Nicholas John Clwyd Griffith & Anr

Respondents/petitioners

Maurice Saleh Gourgey & Ors

Appellants/(respondents to the Petition)

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether a second application for relief from sanctions can be made without a material change of circumstances
  2. 2 Adequacy of responses to requests for further information
  3. 3 Whether defences should remain struck out

Ratio Decidendi

A second application for relief from sanctions cannot be entertained unless there has been a material change of circumstances since the first application; the appellants failed to comply with the conditions for relief and their defences remain struck out.

Court Disposition

Appeal dismissed

Orders

  • Defences remain struck out
  • No relief from sanctions granted