Oak Cash & Carry Ltd v British Gas Trading Ltd

Oak Cash & Carry Ltd v British Gas Trading Ltd

The defendant's breach was serious and significant, there was no good reason for the default, and the application for relief was not made promptly. The disruption to the litigation process and loss of trial date justified refusal of relief from sanction under CPR 3.9.

Parties
Appellant/defendant: Oak Cash & Carry Limited; Respondent/claimant: British Gas Trading Limited
Jurisdiction
England and Wales
Judgment Date
15 March 2016
Procedural Posture
Civil Appeal / Appeal From High Court to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Relief From Sanctions, Default Judgment, Pre Trial Checklist, Civil Procedure Rule 3.9, Unless Order
Civil Procedure Relief From Sanctions Default Judgment Pre Trial Checklist Civil Procedure Rule 3.9 Unless Order

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Parties

Oak Cash & Carry Limited

Appellant/defendant

British Gas Trading Limited

Respondent/claimant

Procedural Posture

Civil Appeal / Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Whether the seriousness of non-compliance with an 'unless' order should include the original breach
  2. 2 Effect of delay in applying for relief from sanction under CPR 3.9

Ratio Decidendi

The defendant's breach was serious and significant, there was no good reason for the default, and the application for relief was not made promptly. The disruption to the litigation process and loss of trial date justified refusal of relief from sanction under CPR 3.9.

Court Disposition

Appeal dismissed

Orders

  • Default judgment in favour of the claimant reinstated
  • Application for relief from sanction refused