Al-Balhaa v Raphael & Ors [2019] EWHC 1323 (QB) (24 May 2019)

Al-Balhaa v Raphael & Ors [2019] EWHC 1323 (QB) (24 May 2019)

The judge did not err in refusing relief from sanctions; the breach of the unless order was serious and significant, the claimants had legal advice, the judge considered the relevant circumstances, and the exercise of discretion was not irrational or flawed.

Citation
[2019] EWHC 1323
Parties
Claimant & Appellant: Athir Al-Balhaa; Defendant & Respondent: Burnette Raphael; Defendant & Respondent: RMG Residential Management Group Ltd; Defendant & Respondent: Termhouse (Clarendon Court) Management Ltd; Defendant & Respondent: Clarendon Court (London) Freehold Ltd
Jurisdiction
England and Wales
Judgment Date
24 May 2019
Procedural Posture
Appeal / Judgment on Appeal Against Strike Out Order
Outcome
Appeal dismissed
Legal Topics
Relief From Sanctions, Strike Out, Trial Bundle Compliance, Litigants in Person, Case Management Discretion
Civil Procedure Relief From Sanctions Strike Out Trial Bundle Compliance Litigants in Person Case Management Discretion

Case Brief

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Parties

Athir Al-Balhaa

Claimant & Appellant

Burnette Raphael

Defendant & Respondent

RMG Residential Management Group Ltd

Defendant & Respondent

Termhouse (Clarendon Court) Management Ltd

Defendant & Respondent

Clarendon Court (London) Freehold Ltd

Defendant & Respondent

Procedural Posture

Appeal / Judgment on Appeal Against Strike Out Order

Legal Issues

  1. 1 Whether the judge erred in refusing relief from sanctions following breach of an 'unless' order regarding trial bundle preparation
  2. 2 Whether the judge failed to permit or properly consider an application for relief from sanctions

Ratio Decidendi

The judge did not err in refusing relief from sanctions; the breach of the unless order was serious and significant, the claimants had legal advice, the judge considered the relevant circumstances, and the exercise of discretion was not irrational or flawed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; order of HHJ Lamb QC striking out the claims stands