Ahmed v Chojnowski [2022] EWHC 2863 (KB) (11 November 2022)

Ahmed v Chojnowski [2022] EWHC 2863 (KB) (11 November 2022)

The Master erred by failing to apply the two-stage test for strike out: although there was abuse of process, the Master did not separately consider whether strike out was a proportionate sanction or explain why lesser sanctions were not imposed. The claim should be reinstated with alternative sanctions imposed.

Citation
[2022] EWHC 2863 (KB)
Parties
Claimant/appellant: Muhammed Suhel Ahmed; Defendant/respondent: Adam Chojnowski
Jurisdiction
England and Wales
Judgment Date
11 November 2022
Procedural Posture
Civil Appeal / Appeal From Order Striking Out Claim
Outcome
Appeal allowed in part; claim reinstated subject to sanctions and directions.
Legal Topics
Strike Out Applications, Abuse of Process, Overriding Objective, Case Management, Sanctions for Non Compliance
Civil Procedure Strike Out Applications Abuse of Process Overriding Objective Case Management Sanctions for Non Compliance

Case Brief

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Parties

Muhammed Suhel Ahmed

Claimant/appellant

Adam Chojnowski

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From Order Striking Out Claim

Legal Issues

  1. 1 Whether failure to comply with an unsealed draft consent order can justify strike out under CPR 3.4
  2. 2 Whether breach of the overriding objective or delay amounts to abuse of process justifying strike out
  3. 3 Whether the Master failed to exercise discretion properly by not considering proportionality and alternatives to strike out

Ratio Decidendi

The Master erred by failing to apply the two-stage test for strike out: although there was abuse of process, the Master did not separately consider whether strike out was a proportionate sanction or explain why lesser sanctions were not imposed. The claim should be reinstated with alternative sanctions imposed.

Court Disposition

Appeal allowed in part; claim reinstated subject to sanctions and directions.

Orders

  • Claim reinstated.
  • Claimant to pay Defendant's costs on an indemnity basis from 26 March 2021 to 2 February 2022.