Razaq v Zafar [2020] EWHC 1236 (QB) (18 May 2020)

Razaq v Zafar [2020] EWHC 1236 (QB) (18 May 2020)

The lower court erred in its assessment of the seriousness of the breach, made material errors of fact regarding compliance and delay, and failed to properly balance all the circumstances as required by CPR 3.9 and Denton. The breach, while not insignificant, was not at the upper end of seriousness, was remedied before the pre-trial review, did not prejudice the Defendant or disrupt the timetable, and refusing relief would unjustly prevent the Claimant from advancing his case. Relief from sanctions should be granted.

Citation
[2020] EWHC 1236 (QB)
Parties
Claimant/appellant: Mohammed Razaq; Defendant/respondent: Mohammed Zafar
Jurisdiction
England and Wales
Judgment Date
18 May 2020
Procedural Posture
Civil Appeal (relief From Sanctions) / Appeal From Refusal of Relief From Sanctions; Application for Strike Out
Outcome
Appeal allowed
Legal Topics
Relief From Sanctions, Case Management, Late Service of Witness Statements, CPR 3.9, CPR 32.10, Appeal Review Standard
Civil Procedure Relief From Sanctions Case Management Late Service of Witness Statements CPR 3.9 CPR 32.10 Appeal Review Standard

Case Brief

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Parties

Mohammed Razaq

Claimant/appellant

Mohammed Zafar

Defendant/respondent

Procedural Posture

Civil Appeal (relief From Sanctions) / Appeal From Refusal of Relief From Sanctions; Application for Strike Out

Legal Issues

  1. 1 Whether the lower court erred in refusing relief from sanctions for late service of witness statements under CPR 32.10 and CPR 3.9
  2. 2 Whether the lower court made material errors of fact and misapplied the Denton test
  3. 3 Whether the refusal of relief was proportionate and just in the circumstances

Ratio Decidendi

The lower court erred in its assessment of the seriousness of the breach, made material errors of fact regarding compliance and delay, and failed to properly balance all the circumstances as required by CPR 3.9 and Denton. The breach, while not insignificant, was not at the upper end of seriousness, was remedied before the pre-trial review, did not prejudice the Defendant or disrupt the timetable, and refusing relief would unjustly prevent the Claimant from advancing his case. Relief from sanctions should be granted.

Court Disposition

Appeal allowed

Orders

  • Relief from sanctions granted under CPR 3.9
  • Time for Claimant to give disclosure extended to 29 October 2019