Devoy-Williams & Anor v Cartwright & Anor [2018] EWHC 2815 (Ch) (05 October 2018)

Devoy-Williams & Anor v Cartwright & Anor [2018] EWHC 2815 (Ch) (05 October 2018)

There was no material procedural irregularity or error of law; the judge was entitled to find intentional and material breaches of the Unless Order, to refuse relief from sanctions, and to conclude that acceptance of the Part 36 offer was ineffective after strike-out. The decision fell within the judge's case management discretion and was not wrong.

Citation
[2018] EWHC 2815 (Ch)
Parties
Appellant/claimant: David Devoy-Williams; Appellant/claimant: Anjana Devoy-Williams; Respondent/defendant: Hugh Cartwright & Amin
Jurisdiction
England and Wales
Judgment Date
05 October 2018
Procedural Posture
Appeal (civil) / Judgment on Permission to Appeal and Substantive Appeal
Outcome
Appeal dismissed
Legal Topics
Relief From Sanctions, Unless Orders, Disclosure Obligations, Case Management Discretion, Appeals Procedure
Civil Procedure Professional Negligence Relief From Sanctions Unless Orders Disclosure Obligations Case Management Discretion Appeals Procedure

Case Brief

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Parties

David Devoy-Williams

Appellant/claimant

Anjana Devoy-Williams

Appellant/claimant

Hugh Cartwright & Amin

Respondent/defendant

Procedural Posture

Appeal (civil) / Judgment on Permission to Appeal and Substantive Appeal

Legal Issues

  1. 1 Whether there was a material and intentional breach of an Unless Order by the appellants
  2. 2 Whether procedural irregularities rendered the first instance decision unjust
  3. 3 Whether the judge erred in refusing relief from sanctions under CPR 3.9

Ratio Decidendi

There was no material procedural irregularity or error of law; the judge was entitled to find intentional and material breaches of the Unless Order, to refuse relief from sanctions, and to conclude that acceptance of the Part 36 offer was ineffective after strike-out. The decision fell within the judge's case management discretion and was not wrong.

Court Disposition

Appeal dismissed

Orders

  • Permission to appeal granted
  • Appeal dismissed; order of Judge Baucher affirmed