Eden v Rubin

Eden v Rubin

Relief from sanctions was refused because the claimant's failures to comply with Unless Orders were extensive, deliberate, and inadequately remedied; the claim for loss of earnings remained unsupported and inherently weak; and the balancing exercise under CPR 3.9 overwhelmingly favoured the defendant.

Parties
Claimant/appellant: Simon Gregory Eden; Defendant/respondent: Frances Rubin
Jurisdiction
England and Wales
Judgment Date
24 November 2011
Procedural Posture
Civil Appeal / Appeal Against Refusal of Relief From Sanctions
Outcome
Appeal dismissed; relief from sanctions refused; Unless Orders to take effect.
Legal Topics
Relief From Sanctions, Unless Orders, Disclosure, Loss of Earnings, Case Management
Civil Procedure Relief From Sanctions Unless Orders Disclosure Loss of Earnings Case Management

Case Brief

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Parties

Simon Gregory Eden

Claimant/appellant

Frances Rubin

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal Against Refusal of Relief From Sanctions

Legal Issues

  1. 1 Whether the claimant should be granted relief from sanctions following failure to comply with Unless Orders
  2. 2 Whether the claimant's claim for loss of earnings should be struck out

Ratio Decidendi

Relief from sanctions was refused because the claimant's failures to comply with Unless Orders were extensive, deliberate, and inadequately remedied; the claim for loss of earnings remained unsupported and inherently weak; and the balancing exercise under CPR 3.9 overwhelmingly favoured the defendant.

Court Disposition

Appeal dismissed; relief from sanctions refused; Unless Orders to take effect.

Orders

  • The appeal against Master Eyre’s order of 24 May 2011 is dismissed.
  • The claimant’s application for relief from sanctions is refused.