Travel and Holidays v Hajj Charter [2013] EWHC 1212 (QB) (28 February 2013)

Travel and Holidays v Hajj Charter [2013] EWHC 1212 (QB) (28 February 2013)

Relief from sanction should be granted because the default was not intentional, the application was made promptly, the interests of justice require determination on merits, and the default was minor and disproportionate to the consequence of strike out.

Citation
[2013] EWHC 1212
Parties
Claimant: Travel and Holidays; Defendant: Hajj Charter
Jurisdiction
England and Wales
Judgment Date
28 February 2013
Procedural Posture
Application for Relief From Sanction (strike Out) / Post Sanction Application, Pre Trial
Outcome
Relief from sanction granted; claim reinstated.
Legal Topics
Relief From Sanctions, Compliance With Court Orders, Costs Orders, Trial Adjournment
Civil Procedure Relief From Sanctions Compliance With Court Orders Costs Orders Trial Adjournment

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Parties

Travel and Holidays

Claimant

Hajj Charter

Defendant

Procedural Posture

Application for Relief From Sanction (strike Out) / Post Sanction Application, Pre Trial

Legal Issues

  1. 1 Whether relief from sanction (automatic strike out) should be granted for late payment of costs
  2. 2 Appropriate terms for reinstatement of claim
  3. 3 Impact of default on trial date

Ratio Decidendi

Relief from sanction should be granted because the default was not intentional, the application was made promptly, the interests of justice require determination on merits, and the default was minor and disproportionate to the consequence of strike out.

Court Disposition

Relief from sanction granted; claim reinstated.

Orders

  • Claim reinstated.
  • Claimant to pay defendant £15,000 in costs.