Deoranee Boodia v Volodymry Yatsyna

Deoranee Boodia v Volodymry Yatsyna

The claim was automatically struck out for non-payment of the trial fee, but the court has power to grant relief against sanctions without a formal application, and in the circumstances of this case, relief should be granted retrospectively to avoid disproportionate consequences.

Parties
Claimant/appellant: Deoranee Boodia; Defendant/respondent: Volodymyr Yatsyna
Jurisdiction
England and Wales
Judgment Date
17 November 2021
Procedural Posture
Civil Appeal / Appeal From County Court Judgment
Outcome
Appeal allowed
Legal Topics
Relief From Sanctions, Court Fees, Automatic Strike Out, Case Management Powers
Civil Procedure Relief From Sanctions Court Fees Automatic Strike Out Case Management Powers

Case Brief

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Parties

Deoranee Boodia

Claimant/appellant

Volodymyr Yatsyna

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From County Court Judgment

Legal Issues

  1. 1 Whether the claim was automatically struck out for non-payment of trial fee under CPR 3.7A1
  2. 2 Whether the court had power to reinstate the claim without a formal application for relief against sanctions
  3. 3 Whether relief against sanctions should be granted and if so, whether it should be retrospective

Ratio Decidendi

The claim was automatically struck out for non-payment of the trial fee, but the court has power to grant relief against sanctions without a formal application, and in the circumstances of this case, relief should be granted retrospectively to avoid disproportionate consequences.

Court Disposition

Appeal allowed

Orders

  • Relief against sanctions granted retrospectively
  • Claim reinstated