Michael v Lillitos

Michael v Lillitos

The refusal to grant relief from sanction was wrong because the breach, though significant, was at the lower end of seriousness, had no impact on efficient conduct of litigation, and the sanction was wholly disproportionate given the circumstances and prejudice to the appellant.

Parties
Appellant: Andreas Michael; Respondent: Eleanor Lillitos
Jurisdiction
England and Wales
Judgment Date
16 October 2019
Procedural Posture
Civil Appeal / Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Relief From Sanction, Unless Orders, Rent Arrears, Business Rates, Counterclaim, Set Off, Disrepair
Civil Procedure Landlord and Tenant Relief From Sanction Unless Orders Rent Arrears Business Rates Counterclaim Set Off +1 more

Case Brief

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Parties

Andreas Michael

Appellant

Eleanor Lillitos

Respondent

Procedural Posture

Civil Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether refusal of relief from sanction was correct under CPR 3.9
  2. 2 Whether breach of unless order was serious or significant
  3. 3 Whether sanction imposed was proportionate

Ratio Decidendi

The refusal to grant relief from sanction was wrong because the breach, though significant, was at the lower end of seriousness, had no impact on efficient conduct of litigation, and the sanction was wholly disproportionate given the circumstances and prejudice to the appellant.

Court Disposition

Appeal allowed

Orders

  • Relief from sanction granted
  • Judgment against appellant set aside