Badejo v Cranston

Badejo v Cranston

The judge below misdirected himself by excluding proportionality from the analysis and by attributing loss of trial date to the appellant's breach. The breach was moderately serious and inadvertent, but justice and proportionality require relief from sanctions to be granted, allowing the claim to proceed to trial.

Parties
Claimant / Appellant: Mr Earl Patrick Badejo; Defendant / Respondent: Mr Adedayo Cranston
Jurisdiction
England and Wales
Judgment Date
19 November 2019
Procedural Posture
Appeal / Judgment on Appeal Against Refusal of Relief From Sanctions
Outcome
Appeal allowed; relief from sanctions granted.
Legal Topics
Relief From Sanctions, Automatic Strikeout, Trial Fee Payment, Proportionality, Court Discretion
Civil Procedure Relief From Sanctions Automatic Strikeout Trial Fee Payment Proportionality Court Discretion

Case Brief

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Parties

Mr Earl Patrick Badejo

Claimant / Appellant

Mr Adedayo Cranston

Defendant / Respondent

Procedural Posture

Appeal / Judgment on Appeal Against Refusal of Relief From Sanctions

Legal Issues

  1. 1 Whether relief from sanctions should be granted for failure to pay trial fee
  2. 2 Whether refusal of relief was disproportionate to the breach
  3. 3 Whether loss of trial date should weigh against granting relief

Ratio Decidendi

The judge below misdirected himself by excluding proportionality from the analysis and by attributing loss of trial date to the appellant's breach. The breach was moderately serious and inadvertent, but justice and proportionality require relief from sanctions to be granted, allowing the claim to proceed to trial.

Court Disposition

Appeal allowed; relief from sanctions granted.

Orders

  • Relief from sanctions granted to appellant; claim reinstated; terms of relief to be determined after hearing counsel.