Home Group Ltd v Matrejek
The judge at first instance applied the correct legal principles under CPR 3.9, properly considered the seriousness of the breach, the reasons for default, and all relevant circumstances, and was entitled in the exercise of his discretion to grant relief from sanctions and reinstate the claim. The appeal is therefore dismissed.
- Parties
- Claimant / Respondent: Home Group Limited; Defendant / Appellant: Marie Matrejek
- Jurisdiction
- England and Wales
- Judgment Date
- 23 February 2015
- Procedural Posture
- Civil Appeal / Appeal From Order Granting Relief From Sanctions
- Outcome
- Appeal dismissed
- Legal Topics
- Relief From Sanctions, Case Management, Non Attendance at Hearing, CPR 3.9, Appeal Against Reinstatement of Claim
Case Brief
Summary, issues, holding and outcome
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Parties
Home Group Limited
Claimant / Respondent
Marie Matrejek
Defendant / Appellant
Procedural Posture
Civil Appeal / Appeal From Order Granting Relief From Sanctions
Legal Issues
- 1 Whether the judge properly applied CPR 3.9 in granting relief from sanctions for non-attendance at a directions hearing
- 2 Whether the judge took into account irrelevant considerations in granting relief from sanctions
Ratio Decidendi
The judge at first instance applied the correct legal principles under CPR 3.9, properly considered the seriousness of the breach, the reasons for default, and all relevant circumstances, and was entitled in the exercise of his discretion to grant relief from sanctions and reinstate the claim. The appeal is therefore dismissed.
Court Disposition
Appeal dismissed
Orders
- The appeal is dismissed
- Any consequential applications to be dealt with administratively
Full Case Text
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