Shill Properties Ltd v Bunch [2023] EWHC 478 (Ch) (07 March 2023)

Shill Properties Ltd v Bunch [2023] EWHC 478 (Ch) (07 March 2023)

Claimant's breaches were serious and significant, with no good reason or explanation for delay. Relief from sanctions and extension of time refused for claimant. Defendant's delay was less serious, with partial good reason and prompt application; relief from sanctions granted. Permission granted for defendant to rely on revised, compliant witness statements.

Citation
[2023] EWHC 478 (Ch)
Parties
Claimant: Shill Properties Limited; Defendant: Anne Bunch
Jurisdiction
England and Wales
Judgment Date
07 March 2023
Procedural Posture
Property Dispute Specific Performance / Pre Trial Review (ptr) Applications for Relief From Sanctions and Extensions of Time
Outcome
Claimant's application for extension of time and relief from sanctions dismissed. Defendant's applications for relief from sanctions and permission to rely on revised witness statements granted.
Legal Topics
Relief From Sanctions, Witness Statement Compliance, Specific Performance, Contract Validity, Misrepresentation
Civil Procedure Property Law Relief From Sanctions Witness Statement Compliance Specific Performance Contract Validity Misrepresentation

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Parties

Shill Properties Limited

Claimant

Anne Bunch

Defendant

Procedural Posture

Property Dispute Specific Performance / Pre Trial Review (ptr) Applications for Relief From Sanctions and Extensions of Time

Legal Issues

  1. 1 Whether relief from sanctions should be granted for late service of witness statements
  2. 2 Whether extensions of time for filing witness statements should be allowed
  3. 3 Compliance with CPR PD 57AC for witness statements

Ratio Decidendi

Claimant's breaches were serious and significant, with no good reason or explanation for delay. Relief from sanctions and extension of time refused for claimant. Defendant's delay was less serious, with partial good reason and prompt application; relief from sanctions granted. Permission granted for defendant to rely on revised, compliant witness statements.

Court Disposition

Claimant's application for extension of time and relief from sanctions dismissed. Defendant's applications for relief from sanctions and permission to rely on revised witness statements granted.

Orders

  • Claimant refused extension of time and relief from sanctions for late witness statements.
  • Defendant granted relief from sanctions for late service of witness statements.