Lakhani & Anor v Mahmud & Ors
The judge was entitled to find the breach serious given the context, the impact on the timetable, and the manner in which the default was handled. There was no reasonable excuse for the default, and the judge's exercise of discretion was not plainly wrong or outside the ambit of his discretion. The appeal is dismissed.
- Parties
- Claimants/respondents: Jagdish Lakhani and another; Defendants/appellants: Ibrahim Sheikh Abadullah Mahmud and others
- Jurisdiction
- England and Wales
- Judgment Date
- 05 July 2017
- Procedural Posture
- Civil Appeal / Appeal From County Court Decision on Relief From Sanctions
- Outcome
- Appeal dismissed
- Legal Topics
- Relief From Sanctions, Costs Budgeting, Case Management, Non Compliance With Court Orders
Case Brief
Summary, issues, holding and outcome
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Parties
Jagdish Lakhani and another
Claimants/respondents
Ibrahim Sheikh Abadullah Mahmud and others
Defendants/appellants
Procedural Posture
Civil Appeal / Appeal From County Court Decision on Relief From Sanctions
Legal Issues
- 1 Whether the judge erred in refusing relief from sanctions for late filing of costs budget under CPR 3.14
- 2 Whether the breach was serious or significant under the Denton principles
- 3 Whether there was a reasonable excuse for the default
Ratio Decidendi
The judge was entitled to find the breach serious given the context, the impact on the timetable, and the manner in which the default was handled. There was no reasonable excuse for the default, and the judge's exercise of discretion was not plainly wrong or outside the ambit of his discretion. The appeal is dismissed.
Court Disposition
Appeal dismissed
Orders
- The appeal is dismissed.
Full Case Text
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