889 Trading Ltd v Clydesdale Bank Plc & Ors [2023] EWHC 215 (Ch) (24 January 2023)

889 Trading Ltd v Clydesdale Bank Plc & Ors [2023] EWHC 215 (Ch) (24 January 2023)

The application for relief from sanctions is refused because the claimant's breach was serious and significant, there was no good reason for the default, the application was not made promptly, and all the circumstances, including the claimant's conduct and delay, decisively militate against granting relief. The 18 October 2018 order did not revive or extend time for compliance with the 20 September 2018 order, and the claim remains struck out.

Citation
[2023] EWHC 215 (Ch)
Parties
Claimant: 889 Trading Limited; First Defendant: Clydesdale Bank PLC
Jurisdiction
England and Wales
Judgment Date
24 January 2023
Procedural Posture
Application for Relief From Sanctions / Judgment on Application for Relief From Sanctions Under CPR 3.9
Outcome
Application for relief from sanctions dismissed as totally without merit.
Legal Topics
Relief From Sanctions, Strike Out of Claim, Directions Questionnaire, Non Compliance With Court Orders, Fraud Allegations, Case Management
Civil Procedure Banking Law Relief From Sanctions Strike Out of Claim Directions Questionnaire Non Compliance With Court Orders Fraud Allegations Case Management

Case Brief

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Parties

889 Trading Limited

Claimant

Clydesdale Bank PLC

First Defendant

Procedural Posture

Application for Relief From Sanctions / Judgment on Application for Relief From Sanctions Under CPR 3.9

Legal Issues

  1. 1 Whether the claimant should be granted relief from sanctions for failure to file a directions questionnaire by the deadline imposed by court order
  2. 2 Whether the order of 18 October 2018 revived or extended time for compliance with the earlier order of 20 September 2018
  3. 3 Whether the claim remains struck out for non-compliance

Ratio Decidendi

The application for relief from sanctions is refused because the claimant's breach was serious and significant, there was no good reason for the default, the application was not made promptly, and all the circumstances, including the claimant's conduct and delay, decisively militate against granting relief. The 18 October 2018 order did not revive or extend time for compliance with the 20 September 2018 order, and the claim remains struck out.

Court Disposition

Application for relief from sanctions dismissed as totally without merit.

Orders

  • Application for relief from sanctions is dismissed.
  • Court's order will record that the application was totally without merit.