889 Trading Limited v Clydesdale Bank Plc & Ors

889 Trading Limited v Clydesdale Bank Plc & Ors

The application for relief from sanctions is dismissed because the claimant failed to comply with a peremptory order to file a directions questionnaire, the breach was serious and significant, there was no adequate explanation for the default, the application was not made promptly, and the claimant’s conduct was abusive and wasteful of court resources. The 18 October 2018 order did not revive or extend time for compliance, and the claim remains struck out.

Parties
Claimant: 889 Trading Limited; First Defendant: Clydesdale Bank PLC; Defendants: Others
Jurisdiction
England and Wales
Judgment Date
24 January 2023
Procedural Posture
Civil (business and Property Courts) / Application for Relief From Sanctions Under CPR 3.9
Outcome
Application dismissed
Legal Topics
Relief From Sanctions, Strike Out of Claim, Directions Questionnaire, Case Management, Abuse of Process
Civil Procedure Banking Law Relief From Sanctions Strike Out of Claim Directions Questionnaire Case Management Abuse of Process

Case Brief

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Parties

889 Trading Limited

Claimant

Clydesdale Bank PLC

First Defendant

Others

Defendants

Procedural Posture

Civil (business and Property Courts) / Application for Relief From Sanctions Under CPR 3.9

Legal Issues

  1. 1 Whether the claim should be revived following strike out for failure to file directions questionnaire
  2. 2 Whether relief from sanctions should be granted under CPR 3.9
  3. 3 Effect of DJ Khan’s orders of 20 September and 18 October 2018

Ratio Decidendi

The application for relief from sanctions is dismissed because the claimant failed to comply with a peremptory order to file a directions questionnaire, the breach was serious and significant, there was no adequate explanation for the default, the application was not made promptly, and the claimant’s conduct was abusive and wasteful of court resources. The 18 October 2018 order did not revive or extend time for compliance, and the claim remains struck out.

Court Disposition

Application dismissed

Orders

  • Application for relief from sanctions is dismissed as totally without merit
  • Court’s order to record that the application was totally without merit