Thevarajah v Riordan & Ors

Thevarajah v Riordan & Ors

Defendants failed to comply with the unless order in material respects and did not demonstrate sufficient grounds or material change in circumstances to justify relief from sanction under CPR 3.9; relief from sanction is refused.

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 sanction refused; sanction imposed for non-compliance with unless order.
Legal Topics
Relief From Sanctions, Compliance With Unless Orders, Freezing Orders, Disclosure Obligations
Civil Procedure Relief From Sanctions Compliance With Unless Orders Freezing Orders Disclosure Obligations

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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 defendants complied with the unless order for disclosure
  2. 2 Whether relief from sanction should be granted under CPR 3.9

Ratio Decidendi

Defendants failed to comply with the unless order in material respects and did not demonstrate sufficient grounds or material change in circumstances to justify relief from sanction under CPR 3.9; relief from sanction is refused.

Court Disposition

Relief from sanction refused; sanction imposed for non-compliance with unless order.

Orders

  • No relief from sanction is granted.
  • Sanctions for non-compliance with unless order remain in effect.