Al-Balhaa v Raphael & Ors

Al-Balhaa v Raphael & Ors

The judge at first instance did not err in refusing relief from sanctions for failure to comply with an unless order regarding trial bundle preparation. The refusal was within the judge's discretion, the breach was serious and significant, and the claimants had legal advice. The appeal is dismissed.

Parties
Appellant: Athir Al-Balhaa; Respondent: Burnette Raphael; Respondent: RMG Residential Management Group Ltd; Respondent: Termhouse (Clarendon Court) Management Ltd; Respondent: Clarendon Court (London) Freehold Ltd
Jurisdiction
England and Wales
Judgment Date
24 May 2019
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Relief From Sanctions, Case Management, Striking Out Claims, Trial Bundle Preparation, Litigants in Person
Civil Procedure Relief From Sanctions Case Management Striking Out Claims Trial Bundle Preparation Litigants in Person

Case Brief

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Parties

Athir Al-Balhaa

Appellant

Burnette Raphael

Respondent

RMG Residential Management Group Ltd

Respondent

Termhouse (Clarendon Court) Management Ltd

Respondent

Clarendon Court (London) Freehold Ltd

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the lower court erred in refusing relief from sanctions for failure to comply with an 'unless' order regarding trial bundle preparation
  2. 2 Whether the refusal to grant relief from sanctions and the striking out of the claims was a disproportionate sanction

Ratio Decidendi

The judge at first instance did not err in refusing relief from sanctions for failure to comply with an unless order regarding trial bundle preparation. The refusal was within the judge's discretion, the breach was serious and significant, and the claimants had legal advice. The appeal is dismissed.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed
  • Costs to respondents on standard basis, subject to detailed assessment if not agreed