Tan v Idlbi & Anor [2023] EWHC 2840 (KB) (13 November 2023)

Tan v Idlbi & Anor [2023] EWHC 2840 (KB) (13 November 2023)

The judge's refusal to grant relief from sanctions and to regularise service was within the generous ambit of his discretion; although the judge erred in his approach to regularisation of service, the refusal of relief from sanctions was not wrong in law or principle given the seriousness of the breach, lack of good reason, and the overall conduct of both parties.

Citation
[2023] EWHC 2840 (KB)
Parties
Appellant/claimant: Ru Tan; Respondent/defendant: Mohamad Yasser Idlbi; Respondent/defendant: Maya Al Nashawatie
Jurisdiction
England and Wales
Judgment Date
13 November 2023
Procedural Posture
Appeal / Judgment on Appeal From Trial Decision Regarding Relief From Sanctions and Regularisation of Service
Outcome
Appeal dismissed
Legal Topics
Relief From Sanctions, Service of Documents, Costs Budgeting, Case Management, Possession Proceedings
Civil Procedure Landlord and Tenant Relief From Sanctions Service of Documents Costs Budgeting Case Management Possession Proceedings

Case Brief

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Parties

Ru Tan

Appellant/claimant

Mohamad Yasser Idlbi

Respondent/defendant

Maya Al Nashawatie

Respondent/defendant

Procedural Posture

Appeal / Judgment on Appeal From Trial Decision Regarding Relief From Sanctions and Regularisation of Service

Legal Issues

  1. 1 Whether the judge erred in refusing to regularise defective service of the application for relief from sanctions
  2. 2 Whether the judge erred in refusing relief from sanctions for late service of a costs budget

Ratio Decidendi

The judge's refusal to grant relief from sanctions and to regularise service was within the generous ambit of his discretion; although the judge erred in his approach to regularisation of service, the refusal of relief from sanctions was not wrong in law or principle given the seriousness of the breach, lack of good reason, and the overall conduct of both parties.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; trial judge's orders affirmed