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 of strike out was granted because the default was not intentional, the application for relief was made promptly, and the interests of justice overwhelmingly required the claim to be determined on its merits rather than struck out for a minor, non-deliberate breach.

Citation
[2013] EWHC 1212 (QB)
Parties
Claimant: Travel and Holidays; Defendant: Hajj Charter
Jurisdiction
England and Wales
Judgment Date
28 February 2013
Procedural Posture
Application for Relief From Sanction / Post Strike Out, Application for Reinstatement
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

Case Brief

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Parties

Travel and Holidays

Claimant

Hajj Charter

Defendant

Procedural Posture

Application for Relief From Sanction / Post Strike Out, Application for Reinstatement

Legal Issues

  1. 1 Whether relief from sanction of strike out should be granted for late payment of costs
  2. 2 Whether claim should be reinstated
  3. 3 Appropriate terms for reinstatement and trial date

Ratio Decidendi

Relief from sanction of strike out was granted because the default was not intentional, the application for relief was made promptly, and the interests of justice overwhelmingly required the claim to be determined on its merits rather than struck out for a minor, non-deliberate breach.

Court Disposition

Relief from sanction granted; claim reinstated.

Orders

  • Claim reinstated.
  • Claimant to pay £15,000 to defendant for costs thrown away.