Medical Supplies And Services International Ltd vAcies Engineering Ltd & Anor [2014] EWHC 1032 (QB) (07 April 2014)

Medical Supplies And Services International Ltd vAcies Engineering Ltd & Anor [2014] EWHC 1032 (QB) (07 April 2014)

The claim was struck out automatically for breach of the 'unless' order regarding inspection of documents, the breach was not trivial, no good reason was provided for non-compliance, and relief from sanctions was refused in accordance with the robust post-Jackson approach.

Citation
[2014] EWHC 1032
Parties
Claimant: Medical Supplies and Services International Limited; Defendant: Acies Engineering Limited; Defendant: Philip John Gostling
Jurisdiction
England and Wales
Judgment Date
07 April 2014
Procedural Posture
Commercial Litigation / Pre Trial Review; Applications for Strike Out, Relief From Sanctions, and Setting Aside Default Costs Certificate
Outcome
Claim struck out; relief from sanctions refused; default costs certificate upheld.
Legal Topics
Relief From Sanctions, Strike Out for Non Compliance, Disclosure Obligations, Confidential Information, Costs Orders
Civil Procedure Commercial Law Intellectual Property Relief From Sanctions Strike Out for Non Compliance Disclosure Obligations Confidential Information Costs Orders

Case Brief

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Parties

Medical Supplies and Services International Limited

Claimant

Acies Engineering Limited

Defendant

Philip John Gostling

Defendant

Procedural Posture

Commercial Litigation / Pre Trial Review; Applications for Strike Out, Relief From Sanctions, and Setting Aside Default Costs Certificate

Legal Issues

  1. 1 Whether the claim should be struck out for breach of an 'unless' order
  2. 2 Whether relief from sanctions should be granted to the Claimant
  3. 3 Whether the default costs certificate should be set aside

Ratio Decidendi

The claim was struck out automatically for breach of the 'unless' order regarding inspection of documents, the breach was not trivial, no good reason was provided for non-compliance, and relief from sanctions was refused in accordance with the robust post-Jackson approach.

Court Disposition

Claim struck out; relief from sanctions refused; default costs certificate upheld.

Orders

  • Declaration that the claim is struck out.
  • Refusal to set aside the default costs certificate.