Chadwick v Burling

Chadwick v Burling

The Deputy Registrar failed to properly exercise discretion by not expressly considering all relevant circumstances at the third stage of the Denton test regarding 237 Rayleigh Road, but even upon re-exercise of discretion, relief from sanctions is refused due to lack of prompt application, clear orders, and absence of good reason for default. For 9 Selwood Road, the refusal of relief was within the appropriate range of decisions as the evidence would not have assisted the appellant's case.

Parties
Applicant/respondent: Matthew Chadwick; Respondent/appellant: Linda Burling
Jurisdiction
England and Wales
Judgment Date
08 June 2015
Procedural Posture
Civil Appeal / Judgment on Appeal Against Refusal of Relief From Sanctions
Outcome
Appeal dismissed; relief from sanctions refused; declarations stand
Legal Topics
Relief From Sanctions, Compliance With Court Orders, Beneficial Ownership, Litigants in Person, Appeal Procedure
Civil Procedure Bankruptcy Property Law Relief From Sanctions Compliance With Court Orders Beneficial Ownership Litigants in Person Appeal Procedure

Case Brief

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Parties

Matthew Chadwick

Applicant/respondent

Linda Burling

Respondent/appellant

Procedural Posture

Civil Appeal / Judgment on Appeal Against Refusal of Relief From Sanctions

Legal Issues

  1. 1 Whether the Deputy Registrar erred in refusing relief from sanctions under CPR 3.9 for failure to file evidence on time
  2. 2 Whether the refusal to adjourn to allow the appellant to obtain legal advice was proper
  3. 3 Whether the declarations as to beneficial ownership of the properties should stand

Ratio Decidendi

The Deputy Registrar failed to properly exercise discretion by not expressly considering all relevant circumstances at the third stage of the Denton test regarding 237 Rayleigh Road, but even upon re-exercise of discretion, relief from sanctions is refused due to lack of prompt application, clear orders, and absence of good reason for default. For 9 Selwood Road, the refusal of relief was within the appropriate range of decisions as the evidence would not have assisted the appellant's case.

Court Disposition

Appeal dismissed; relief from sanctions refused; declarations stand

Orders

  • Appeal against refusal of relief from sanctions allowed in relation to 237 Rayleigh Road but relief ultimately refused on re-exercise of discretion
  • Appeal dismissed in relation to 9 Selwood Road