Kamara v Builder Depot Ltd [2020] EWHC 3046 (QB) (12 November 2020)

Kamara v Builder Depot Ltd [2020] EWHC 3046 (QB) (12 November 2020)

The application for relief from sanction and permission to appeal was refused because the proposed appeal had no real prospect of success; the trial judge's findings of fundamental dishonesty were amply supported by the evidence, and procedural failures by the claimant's solicitors did not justify further indulgence.

Citation
[2020] EWHC 3046 (QB)
Parties
Claimant/appellant: Mohamed Issa Kamara; Defendant/respondent: Builder Depot Limited
Jurisdiction
England and Wales
Judgment Date
12 November 2020
Procedural Posture
High Court Appeal (from County Court) / Application for Relief From Sanction and Permission to Appeal After Strike Out
Outcome
Application dismissed; permission to appeal remains struck out.
Legal Topics
Relief From Sanctions, Appeal Procedure, Fundamental Dishonesty, Personal Injury Damages, Contributory Negligence
Civil Procedure Personal Injury Fraud Relief From Sanctions Appeal Procedure Fundamental Dishonesty Personal Injury Damages Contributory Negligence

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Parties

Mohamed Issa Kamara

Claimant/appellant

Builder Depot Limited

Defendant/respondent

Procedural Posture

High Court Appeal (from County Court) / Application for Relief From Sanction and Permission to Appeal After Strike Out

Legal Issues

  1. 1 Whether relief from sanction should be granted for failure to file appeal bundle on time
  2. 2 Whether permission to appeal should be granted against dismissal of personal injury claim for fundamental dishonesty

Ratio Decidendi

The application for relief from sanction and permission to appeal was refused because the proposed appeal had no real prospect of success; the trial judge's findings of fundamental dishonesty were amply supported by the evidence, and procedural failures by the claimant's solicitors did not justify further indulgence.

Court Disposition

Application dismissed; permission to appeal remains struck out.

Orders

  • Application for relief from sanction dismissed
  • Permission to appeal refused