Medical Supplies And Services International Ltd vAcies Engineering Ltd & Anor

Medical Supplies And Services International Ltd vAcies Engineering Ltd & Anor

The claim was struck out automatically for the Claimant's failure to provide inspection of documents by the extended deadline under an unless order. The breach was not trivial, there was no good reason for non-compliance, and the application for relief from sanctions was refused in line with the robust post-Jackson approach. The default costs certificate stands.

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
Civil / Ruling on Interlocutory Applications (strike Out, Relief From Sanctions, Set Aside Default Costs Certificate)
Outcome
Claim struck out; application for relief from sanctions refused; application to set aside default costs certificate refused.
Legal Topics
Unless Orders, Relief From Sanctions, Disclosure Obligations, Default Costs Certificate, Strike Out of Claim
Civil Procedure Unless Orders Relief From Sanctions Disclosure Obligations Default Costs Certificate Strike Out of Claim

Case Brief

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Parties

Medical Supplies and Services International Limited

Claimant

Acies Engineering Limited

Defendant

Philip John Gostling

Defendant

Procedural Posture

Civil / Ruling on Interlocutory Applications (strike Out, Relief From Sanctions, Set 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 the Claimant's failure to provide inspection of documents by the extended deadline under an unless order. The breach was not trivial, there was no good reason for non-compliance, and the application for relief from sanctions was refused in line with the robust post-Jackson approach. The default costs certificate stands.

Court Disposition

Claim struck out; application for relief from sanctions refused; application to set aside default costs certificate refused.

Orders

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