Rybak & Ors v Langbar International Ltd

Rybak & Ors v Langbar International Ltd

The claimants deliberately breached the unless order of 20 May 2010 by destroying electronic data on the Apple Mac after the order was made. The breach was intentional, irremediable, and not explained satisfactorily. The interests of justice require that the sanction of strike out take effect, and there are no exceptional circumstances justifying relief from sanction under CPR 3.9. The claim and defence to counterclaim remain struck out.

Parties
Claimants: Marius Rybak & Others; Defendant: Langbar International Limited
Jurisdiction
England and Wales
Judgment Date
09 July 2010
Procedural Posture
Civil / Interlocutory Application—cross Applications for Strike Out and Relief From Sanction
Outcome
Claim and defence to counterclaim struck out; relief from sanction refused
Legal Topics
Disclosure, Relief From Sanctions, Strike Out, Misrepresentation, Breach of Settlement Agreement
Civil Procedure Contract Law Disclosure Relief From Sanctions Strike Out Misrepresentation Breach of Settlement Agreement

Case Brief

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Parties

Marius Rybak & Others

Claimants

Langbar International Limited

Defendant

Procedural Posture

Civil / Interlocutory Application—cross Applications for Strike Out and Relief From Sanction

Legal Issues

  1. 1 Whether the claimants breached the unless order of 20 May 2010 regarding disclosure of electronic documents
  2. 2 Whether the claim and defence to counterclaim should be struck out as a result of the breach
  3. 3 Whether relief from sanction should be granted under CPR 3.9

Ratio Decidendi

The claimants deliberately breached the unless order of 20 May 2010 by destroying electronic data on the Apple Mac after the order was made. The breach was intentional, irremediable, and not explained satisfactorily. The interests of justice require that the sanction of strike out take effect, and there are no exceptional circumstances justifying relief from sanction under CPR 3.9. The claim and defence to counterclaim remain struck out.

Court Disposition

Claim and defence to counterclaim struck out; relief from sanction refused

Orders

  • The claimants' claim and defence to counterclaim remain struck out as a result of breach of the unless order of 20 May 2010.
  • Relief from sanction under CPR 3.9 is refused.