Thevarajah v Riordan & Ors [2013] EWHC 3464 (Ch) (09 August 2013)

Thevarajah v Riordan & Ors [2013] EWHC 3464 (Ch) (09 August 2013)

The defendants failed to comply with the unless order in several material respects and did not take all reasonable steps to secure compliance. No sufficient grounds for relief from sanction were demonstrated, and the court must be cautious before granting dispensation from a previously imposed order. Relief from sanctions is refused.

Citation
[2013] EWHC 3464 (Ch)
Parties
Claimant: Thevarajah; Defendant: John Riordan; Defendant: Eugene Burke; Defendant: Prestige Property Developer UK Ltd; Defendant: Barrington Burke
Jurisdiction
England and Wales
Judgment Date
09 August 2013
Procedural Posture
Civil / Application for Relief From Sanctions Following Non Compliance With Unless Order
Outcome
Relief from sanctions refused
Legal Topics
Relief From Sanctions, Unless Orders, Disclosure Obligations, Freezing Orders
Civil Procedure Relief From Sanctions Unless Orders Disclosure Obligations Freezing Orders

Case Brief

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Parties

Thevarajah

Claimant

John Riordan

Defendant

Eugene Burke

Defendant

Prestige Property Developer UK Ltd

Defendant

Barrington Burke

Defendant

Procedural Posture

Civil / Application for Relief From Sanctions Following Non Compliance With Unless Order

Legal Issues

  1. 1 Whether the defendants complied with the unless order of 21 June 2013
  2. 2 Whether relief from sanction under CPR 3.9 should be granted for non-compliance

Ratio Decidendi

The defendants failed to comply with the unless order in several material respects and did not take all reasonable steps to secure compliance. No sufficient grounds for relief from sanction were demonstrated, and the court must be cautious before granting dispensation from a previously imposed order. Relief from sanctions is refused.

Court Disposition

Relief from sanctions refused

Orders

  • No relief from sanction is granted; the sanction imposed by the unless order stands.