Travel and Holidays v Hajj Charter

Travel and Holidays v Hajj Charter

Relief from sanction was granted because the default was not intentional, the payment was only one working day late, the interests of justice required the claim to be determined on its merits, and the sanction of strike out would be wholly disproportionate.

Parties
Claimant: Travel and Holidays; Defendant: Hajj Charter
Jurisdiction
England and Wales
Judgment Date
28 February 2013
Procedural Posture
Civil / Application for Relief From Sanction (strike Out)
Outcome
Relief from sanction granted; claim reinstated; trial adjourned by two days; costs order made against claimant.
Legal Topics
Relief From Sanctions, Compliance With Court Orders, Costs, Trial Adjournment
Civil Procedure Relief From Sanctions Compliance With Court Orders Costs Trial Adjournment

Case Brief

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Parties

Travel and Holidays

Claimant

Hajj Charter

Defendant

Procedural Posture

Civil / Application for Relief From Sanction (strike Out)

Legal Issues

  1. 1 Whether relief from sanction of automatic strike out should be granted for late payment of costs
  2. 2 Whether the claim should be reinstated after non-compliance with an unless order
  3. 3 Appropriate terms for reinstatement and trial scheduling

Ratio Decidendi

Relief from sanction was granted because the default was not intentional, the payment was only one working day late, the interests of justice required the claim to be determined on its merits, and the sanction of strike out would be wholly disproportionate.

Court Disposition

Relief from sanction granted; claim reinstated; trial adjourned by two days; costs order made against claimant.

Orders

  • Claim reinstated.
  • Trial adjourned to 6 March 2013.