Michael v Lillitos [2019] EWHC 2716 (QB) (16 October 2019)

Michael v Lillitos [2019] EWHC 2716 (QB) (16 October 2019)

Although the appellant's breach of the unless order was significant, it was near the bottom of the range of seriousness, had no impact on the efficient conduct or cost of the litigation, and the sanction imposed was wholly disproportionate. Relief from sanction should have been granted.

Source-derived case information.

Citation
[2019] EWHC 2716
Parties
Appellant: Andreas Michael; Respondent: Eleanor Lillitos
Jurisdiction
England and Wales
Judgment Date
16 October 2019
Procedural Posture
Appeal / Judgment on Appeal Against Refusal of Relief From Sanction
Outcome
Appeal allowed
Legal Topics
Relief From Sanctions, Unless Orders, Rent Arrears, Set Off, Business Rates Liability
Civil Procedure Landlord and Tenant Relief From Sanctions Unless Orders Rent Arrears Set Off Business Rates Liability

Source-derived case record

Summary, issues, holding and outcome

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Parties

Andreas Michael

Appellant

Eleanor Lillitos

Respondent

Procedural Posture

Appeal / Judgment on Appeal Against Refusal of Relief From Sanction

Legal Issues

  1. 1 Whether the refusal to grant relief from sanction for breach of an unless order was correct
  2. 2 Whether the breach (failure to pay by bank transfer) was serious or significant
  3. 3 Whether the sanction imposed was proportionate in all the circumstances

Ratio Decidendi

Although the appellant's breach of the unless order was significant, it was near the bottom of the range of seriousness, had no impact on the efficient conduct or cost of the litigation, and the sanction imposed was wholly disproportionate. Relief from sanction should have been granted.

Court Disposition

Appeal allowed

Orders

  • Relief from sanction granted to the appellant
  • Judgment against the appellant set aside