Cole & Ors v Howarth & Ors [2022] EWHC 1271 (Ch) (14 March 2022)

Cole & Ors v Howarth & Ors [2022] EWHC 1271 (Ch) (14 March 2022)

Relief from sanctions is granted because, although the breach was serious and inexcusable, payment was made promptly, the failures were partly due to court directions, and the interests of justice require the trial to proceed. Any prejudice to the defendant can be mitigated by procedural directions and costs orders.

Citation
[2022] EWHC 1271 (Ch)
Parties
Claimant: Roy Harry Cole; Claimant: Bury Van Hire Limited; Claimant: Bury Vehicle Leasing Limited; Claimant: H&A Holdings Limited; Defendant: Andrew Howarth; Defendant: Max Henry Kay; Defendant: Joseph Tyrrell
Jurisdiction
England and Wales
Judgment Date
14 March 2022
Procedural Posture
Application for Relief From Sanctions in Civil Debt Claim / Post Strike Out, Pre Trial, Application to Reinstate Claim
Outcome
Relief from sanctions granted; claim reinstated; trial to proceed.
Legal Topics
Relief From Sanctions, Non Payment of Court Fees, Trial Bundle Preparation, Debt Recovery
Civil Procedure Contract Law Relief From Sanctions Non Payment of Court Fees Trial Bundle Preparation Debt Recovery

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 3 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Roy Harry Cole

Claimant

Bury Van Hire Limited

Claimant

Bury Vehicle Leasing Limited

Claimant

H&A Holdings Limited

Claimant

Andrew Howarth

Defendant

Max Henry Kay

Defendant

Joseph Tyrrell

Defendant

Procedural Posture

Application for Relief From Sanctions in Civil Debt Claim / Post Strike Out, Pre Trial, Application to Reinstate Claim

Legal Issues

  1. 1 Whether relief from sanctions should be granted for late payment of trial fee under CPR 3.9
  2. 2 Whether the trial can proceed fairly given procedural defaults and late bundle preparation

Ratio Decidendi

Relief from sanctions is granted because, although the breach was serious and inexcusable, payment was made promptly, the failures were partly due to court directions, and the interests of justice require the trial to proceed. Any prejudice to the defendant can be mitigated by procedural directions and costs orders.

Court Disposition

Relief from sanctions granted; claim reinstated; trial to proceed.

Orders

  • Defendant to prepare and serve supplementary bundle by 9:30am next day; claimants to pay copying costs.
  • Claimants to ensure defendant has access to all necessary documentary evidence.