Fouda v London Borough of Southwark & Anor [2015] EWHC 1128 (QB) (23 April 2015)

Fouda v London Borough of Southwark & Anor [2015] EWHC 1128 (QB) (23 April 2015)

Relief from sanctions was properly refused as the appellant's solicitors were serial offenders, the breach was not serious but the reason for non-compliance was against the appellant, and all circumstances including past and current breaches justified refusal; judgment on Southwark's counterclaim was incorrect as the pleadings were incomplete and not evidence.

Citation
[2015] EWHC 1128 (QB)
Parties
Appellant: Fouda; 1st Respondent: The Mayor and Burgesses of the London Borough of Southwark; 2nd Respondent: Newlyn Plc
Jurisdiction
England and Wales
Judgment Date
23 April 2015
Procedural Posture
Appeal / Judgment on Appeal
Outcome
Appeal dismissed as regards relief from sanctions; appeal allowed in relation to Southwark's counterclaim.
Legal Topics
Relief From Sanctions, Late Witness Statements, Counterclaim for Storage Charges, Unlawful Seizure of Vehicle
Civil Procedure Local Government Law Relief From Sanctions Late Witness Statements Counterclaim for Storage Charges Unlawful Seizure of Vehicle

Case Brief

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Parties

Fouda

Appellant

The Mayor and Burgesses of the London Borough of Southwark

1st Respondent

Newlyn Plc

2nd Respondent

Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether relief from sanctions should be granted for late witness statements under CPR 3.9 and CPR 32.10
  2. 2 Whether judgment on Southwark's counterclaim for storage charges was correct given the pleadings

Ratio Decidendi

Relief from sanctions was properly refused as the appellant's solicitors were serial offenders, the breach was not serious but the reason for non-compliance was against the appellant, and all circumstances including past and current breaches justified refusal; judgment on Southwark's counterclaim was incorrect as the pleadings were incomplete and not evidence.

Court Disposition

Appeal dismissed as regards relief from sanctions; appeal allowed in relation to Southwark's counterclaim.

Orders

  • Relief from sanctions refused; no witness evidence admitted.
  • Judgment on Southwark's counterclaim set aside.