Levy v Ellis -Carr & Ors

Levy v Ellis -Carr & Ors

Relief from sanctions was granted because, despite the appellant's history of non-compliance and lack of good explanation, the balance of prejudice weighed in favour of allowing the appeal to proceed, given the importance of the matter and the late production of the appeal bundle.

Parties
Claimant: Levy; Defendants: Ellis-Carr & Others
Jurisdiction
England and Wales
Judgment Date
02 November 2011
Procedural Posture
Appeal / Application for Relief From Sanctions Following Strike Out of Appeal for Failure to Comply With Court Orders
Outcome
Relief from sanctions granted; appeal reinstated subject to conditions.
Legal Topics
Relief From Sanctions, Appeal Procedure, Compliance With Court Orders
Civil Procedure Relief From Sanctions Appeal Procedure Compliance With Court Orders

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Levy

Claimant

Ellis-Carr & Others

Defendants

Procedural Posture

Appeal / Application for Relief From Sanctions Following Strike Out of Appeal for Failure to Comply With Court Orders

Legal Issues

  1. 1 Whether the appellant should be granted relief from sanctions for failing to file the appeal bundle and transcript within the court-ordered timeframe
  2. 2 Whether the order striking out the appeal should be set aside

Ratio Decidendi

Relief from sanctions was granted because, despite the appellant's history of non-compliance and lack of good explanation, the balance of prejudice weighed in favour of allowing the appeal to proceed, given the importance of the matter and the late production of the appeal bundle.

Court Disposition

Relief from sanctions granted; appeal reinstated subject to conditions.

Orders

  • Appellants to carry out weekly checks on progress in obtaining remaining documents and inform respondent weekly.
  • Appeal to be re-fixed on an expedited basis as soon as remaining documentation is obtained.