Thevarajah v Riordan & Ors

Thevarajah v Riordan & Ors

The deputy judge erred in granting relief from sanction because the respondents' second application was, in substance, an application to set aside a previous order refusing relief, and did not satisfy the criteria under CPR 3.1(7). Subsequent compliance with the unless order did not constitute a material change of circumstances justifying variation or revocation of the debarring order. The appeal was allowed on this threshold ground.

Parties
Appellant/claimant: Thavatheva Thevarajah; Respondent/defendant: John Riordan; Respondent/defendant: Eugene Burke; Respondent/defendant: Prestige Property Developer UK Limited; Respondent/defendant: Barrington Burke
Jurisdiction
England and Wales
Judgment Date
16 January 2014
Procedural Posture
Civil Appeal / Appeal From High Court (chancery Division) to Court of Appeal
Outcome
Appeal allowed; order granting relief from sanction set aside.
Legal Topics
Relief From Sanctions, Variation or Revocation of Court Orders, Civil Procedure Rules (cpr) 3.9 and 3.1(7), Freezing Injunctions, Disclosure Obligations
Civil Procedure Relief From Sanctions Variation or Revocation of Court Orders Civil Procedure Rules (cpr) 3.9 and 3.1(7) Freezing Injunctions Disclosure Obligations

Case Brief

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Parties

Thavatheva Thevarajah

Appellant/claimant

John Riordan

Respondent/defendant

Eugene Burke

Respondent/defendant

Prestige Property Developer UK Limited

Respondent/defendant

Barrington Burke

Respondent/defendant

Procedural Posture

Civil Appeal / Appeal From High Court (chancery Division) to Court of Appeal

Legal Issues

  1. 1 Whether the deputy judge erred in granting relief from sanction under CPR 3.9 after a previous refusal by another judge
  2. 2 Whether a second application for relief from sanction can be entertained without satisfying the criteria under CPR 3.1(7)
  3. 3 Whether subsequent compliance with an unless order constitutes a material change of circumstances justifying variation or revocation of a debarring order

Ratio Decidendi

The deputy judge erred in granting relief from sanction because the respondents' second application was, in substance, an application to set aside a previous order refusing relief, and did not satisfy the criteria under CPR 3.1(7). Subsequent compliance with the unless order did not constitute a material change of circumstances justifying variation or revocation of the debarring order. The appeal was allowed on this threshold ground.

Court Disposition

Appeal allowed; order granting relief from sanction set aside.

Orders

  • Deputy judge's order granting relief from sanction and setting aside the debarring order is reversed.
  • The debarring order made by Hildyard J stands.