Shill Properties Limited v Anne Bunch

Shill Properties Limited v Anne Bunch

Claimant's breaches were serious and significant, with no good reason or explanation for delay; relief from sanctions and extension of time refused. Defendant's delay was at lower end of seriousness, with partial good reason and prompt application; relief from sanctions and permission to rely on revised witness statements granted.

Parties
Claimant: Shill Properties Limited; Defendant: Anne Bunch
Jurisdiction
England and Wales
Judgment Date
07 March 2023
Procedural Posture
Civil / Pre Trial Review (ptr) Applications
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, Extension of Time, Witness Statements, Compliance With Practice Directions
Civil Procedure Property Law Relief From Sanctions Extension of Time Witness Statements Compliance With Practice Directions

Case Brief

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Parties

Shill Properties Limited

Claimant

Anne Bunch

Defendant

Procedural Posture

Civil / Pre Trial Review (ptr) Applications

Legal Issues

  1. 1 Whether relief from sanctions should be granted for late filing and 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. Defendant's delay was at lower end of seriousness, with partial good reason and prompt application; relief from sanctions and permission to rely on revised witness statements granted.

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