Devon & Cornwall Autistic Community Trust (t/a Spectrum) v Cornwall Council [2015] EWHC 129 (QB) (29 January 2015)

Devon & Cornwall Autistic Community Trust (t/a Spectrum) v Cornwall Council [2015] EWHC 129 (QB) (29 January 2015)

Relief from sanctions was not justified due to serious breach and lack of adequate explanation, but proportionality required allowing claimant to serve witness statements within a tight timetable, backed by an unless order, without vacating the trial date.

Citation
[2015] EWHC 129
Parties
Claimant: Devon & Cornwall Autistic Community Trust trading as Spectrum; Defendant: Cornwall Council
Jurisdiction
England and Wales
Judgment Date
29 January 2015
Procedural Posture
Civil / Interlocutory Application for Relief From Sanctions and to Vacate Trial Date
Outcome
Application to vacate trial date refused; permission granted to serve witness statements subject to unless order; claimant to pay defendant's costs of application.
Legal Topics
Relief From Sanctions, Late Evidence, Vacating Trial Date, Quantum Meruit, Compliance With Court Orders
Civil Procedure Relief From Sanctions Late Evidence Vacating Trial Date Quantum Meruit Compliance With Court Orders

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Parties

Devon & Cornwall Autistic Community Trust trading as Spectrum

Claimant

Cornwall Council

Defendant

Procedural Posture

Civil / Interlocutory Application for Relief From Sanctions and to Vacate Trial Date

Legal Issues

  1. 1 Whether the claimant should be granted relief from sanctions for failure to serve witness statements on time
  2. 2 Whether the trial date should be vacated to allow claimant to prepare evidence
  3. 3 Adequacy of reasons for breach of court orders

Ratio Decidendi

Relief from sanctions was not justified due to serious breach and lack of adequate explanation, but proportionality required allowing claimant to serve witness statements within a tight timetable, backed by an unless order, without vacating the trial date.

Court Disposition

Application to vacate trial date refused; permission granted to serve witness statements subject to unless order; claimant to pay defendant's costs of application.

Orders

  • Trial date not vacated
  • Claimant permitted to serve witness statements within tight timetable