Summit Asset Management Ltd v Coates [2013] EWHC B36 (QB) (10 December 2013)

Procedural unfairness resulting from court delays, which left the Defendant with only three days to comply with an Unless Order, constituted a sufficient reason for non-compliance. Relief from sanctions was therefore appropriate, and the order was varied to allow a proper period for compliance.

Citation: [2013] EWHC B36
Parties: Claimant: Summit Asset Management Ltd; Defendant: Andrew Clive Coates
Jurisdiction: England and Wales
Judgment Date: 10 December 2013
Procedural Posture: Civil / Application for Relief From Sanctions Following Breach of Unless Order
Outcome: Relief from sanctions granted; Unless Order varied.
Legal Topics: Relief From Sanctions, Unless Orders, Procedural Fairness, Mitchell Guidance

Civil Procedure Relief From Sanctions Unless Orders Procedural Fairness Mitchell Guidance

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Parties

Summit Asset Management Ltd

Claimant

Andrew Clive Coates

Defendant

Procedural Posture

Civil / Application for Relief From Sanctions Following Breach of Unless Order

Legal Issues

1 Whether relief from sanctions should be granted following breach of an Unless Order due to procedural unfairness caused by court delays

Ratio Decidendi

Court Disposition

Relief from sanctions granted; Unless Order varied.

Orders

Defendant to file and serve a compliant defence within 14 days from the date of judgment; otherwise, the defence shall be struck out.