Lakatamia Shipping Co Ltd v Nobu Su & Ors

Lakatamia Shipping Co Ltd v Nobu Su & Ors

The non-compliance was trivial, the application for relief was made promptly, and there was no prejudice to the Claimant. Relief from sanctions should be granted in accordance with the guidance in Mitchell.

Parties
Claimant/respondent: Lakatamia Shipping Co Ltd; Defendant/applicant: Nobu Su; Defendant/applicant: TMT Company Limited; Defendant/applicant: TMT Asia Limited; Defendant/applicant: Taiwan Maritime Transportation Company Limited; Defendant/applicant: TMT Company Limited (Panama) SA; Defendant/applicant: TMT Company Limited, Liberia; Defendant/applicant: Iron Monger I Limited
Jurisdiction
England and Wales
Judgment Date
13 February 2014
Procedural Posture
Commercial / Application for Relief From Sanctions Under CPR 3.9
Outcome
Relief from sanctions granted
Legal Topics
Relief From Sanctions, Disclosure Obligations, Unless Orders, Civil Litigation Compliance
Civil Procedure Relief From Sanctions Disclosure Obligations Unless Orders Civil Litigation Compliance

Case Brief

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Parties

Lakatamia Shipping Co Ltd

Claimant/respondent

Nobu Su

Defendant/applicant

TMT Company Limited

Defendant/applicant

TMT Asia Limited

Defendant/applicant

Taiwan Maritime Transportation Company Limited

Defendant/applicant

TMT Company Limited (Panama) SA

Defendant/applicant

TMT Company Limited, Liberia

Defendant/applicant

Iron Monger I Limited

Defendant/applicant

Procedural Posture

Commercial / Application for Relief From Sanctions Under CPR 3.9

Legal Issues

  1. 1 Whether the Defendants should be granted relief from sanctions for late disclosure under an unless order

Ratio Decidendi

The non-compliance was trivial, the application for relief was made promptly, and there was no prejudice to the Claimant. Relief from sanctions should be granted in accordance with the guidance in Mitchell.

Court Disposition

Relief from sanctions granted

Orders

  • Defendants granted relief from sanctions for late disclosure
  • Defendants' defence and counterclaim not struck out