ROY HARRY COLE & Ors v ANDREW HOWARTH & Ors

ROY HARRY COLE & Ors v ANDREW HOWARTH & Ors

Despite the serious and inexcusable default in late payment of the trial fee, the interests of justice are better served by granting relief and allowing the trial to proceed, as both parties contributed to procedural shortcomings and the trial can be conducted fairly with appropriate directions.

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
Civil / Application for Relief From Sanctions (reinstatement of Trial)
Outcome
relief from sanctions granted; trial reinstated
Legal Topics
Relief From Sanctions, Trial Fee Payment, Case Management, Loan Repayment
Civil Procedure Contract Law Relief From Sanctions Trial Fee Payment Case Management Loan Repayment

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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

Civil / Application for Relief From Sanctions (reinstatement of Trial)

Legal Issues

  1. 1 Whether relief from sanctions should be granted for late payment of trial fee
  2. 2 Whether the trial should be reinstated after automatic strike out
  3. 3 Whether the parties are prejudiced by procedural defaults

Ratio Decidendi

Despite the serious and inexcusable default in late payment of the trial fee, the interests of justice are better served by granting relief and allowing the trial to proceed, as both parties contributed to procedural shortcomings and the trial can be conducted fairly with appropriate directions.

Court Disposition

relief from sanctions granted; trial reinstated

Orders

  • Mr. Howarth to prepare and serve a supplementary bundle by 9:30am the next day; claimants to pay any copying costs incurred by Mr. Howarth; claimants to ensure Mr. Howarth has access to all necessary documentary evidence; trial adjourned to start at 10:30am the following day; provisional indication that claimants...