Pharmagona Ltd v Taheri & Anor

Pharmagona Ltd v Taheri & Anor

The Defendants failed to comply with the Unless Order by not delivering a signed letter of authority by the deadline. The breach was serious and significant, deliberate, and not justified. There were no grounds to vary or revoke the Unless Order, nor to grant relief from sanction. The Claimant is entitled to judgment for the amount claimed.

Parties
Claimant: Pharmagona Limited; First Defendant: Sayed Mostafa Taheri; Second Defendant: Bahereh Mohammadi
Jurisdiction
England and Wales
Judgment Date
17 January 2020
Procedural Posture
Civil / Judgment After Application for Judgment Following Non Compliance With Unless Order
Outcome
Judgment for the Claimant; Defendants debarred from defending; applications for stay, reconsideration, and relief from sanction dismissed.
Legal Topics
Relief From Sanctions, Disclosure Obligations, Unless Orders, Fraud, Conversion
Civil Procedure Commercial Law Relief From Sanctions Disclosure Obligations Unless Orders Fraud Conversion

Case Brief

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Parties

Pharmagona Limited

Claimant

Sayed Mostafa Taheri

First Defendant

Bahereh Mohammadi

Second Defendant

Procedural Posture

Civil / Judgment After Application for Judgment Following Non Compliance With Unless Order

Legal Issues

  1. 1 Whether the Defendants complied with the Unless Order requiring delivery of a signed letter of authority
  2. 2 Whether the Claimant is entitled to judgment for the amount claimed due to non-compliance
  3. 3 Whether the Defendants are entitled to relief from sanction, stay of execution, or reconsideration of the Unless Order

Ratio Decidendi

The Defendants failed to comply with the Unless Order by not delivering a signed letter of authority by the deadline. The breach was serious and significant, deliberate, and not justified. There were no grounds to vary or revoke the Unless Order, nor to grant relief from sanction. The Claimant is entitled to judgment for the amount claimed.

Court Disposition

Judgment for the Claimant; Defendants debarred from defending; applications for stay, reconsideration, and relief from sanction dismissed.

Orders

  • Judgment entered for the Claimant in the sum of £454,112.58 against both Defendants.
  • Defendants debarred from defending the claim.