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

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

Judge Lamb did not err in principle or misdirect himself; refusal to grant relief from sanctions was within his discretion given the seriousness of the breach, imminent trial, repeated defaults, and defects in trial bundle; appeal dismissed.

Citation
[2019] EWHC 1323 (QB)
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, Case Management, Trial Bundle Compliance
Civil Procedure Relief From Sanctions Strike Out Case Management Trial Bundle Compliance

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 failed to permit or adequately consider an application for relief from sanctions
  2. 2 Whether refusal to grant relief from sanctions was wrong or a serious procedural irregularity

Ratio Decidendi

Judge Lamb did not err in principle or misdirect himself; refusal to grant relief from sanctions was within his discretion given the seriousness of the breach, imminent trial, repeated defaults, and defects in trial bundle; appeal dismissed.

Court Disposition

Appeal dismissed

Orders

  • Consolidated claims remain struck out
  • Trial date vacated