Caliendo & Anor v Mishcon De Reya (A Firm) & Anor

Caliendo & Anor v Mishcon De Reya (A Firm) & Anor

Although the breach was serious in the sense that it triggered an automatic sanction, it did not cause significant adverse effect on the conduct of this or other litigation. There was no material prejudice to the defendants, and the claimants acted promptly once aware of the breach. In all the circumstances, relief from sanctions was just and proportionate.

Parties
Claimant: Antonio Caliendo; Claimant: Barnaby Holdings LLC; Defendant: Mishcon de Reya (A Firm); Defendant: Mishcon de Reya LLP
Jurisdiction
England and Wales
Judgment Date
21 October 2014
Procedural Posture
Application for Relief From Sanctions / Judgment on Application for Relief From Sanctions Under CPR 3.9
Outcome
Application for relief from sanctions allowed.
Legal Topics
Relief From Sanctions, Conditional Fee Agreements, After the Event Insurance, Compliance With Procedural Rules, Costs Sanctions
Civil Procedure Relief From Sanctions Conditional Fee Agreements After the Event Insurance Compliance With Procedural Rules Costs Sanctions

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Parties

Antonio Caliendo

Claimant

Barnaby Holdings LLC

Claimant

Mishcon de Reya (A Firm)

Defendant

Mishcon de Reya LLP

Defendant

Procedural Posture

Application for Relief From Sanctions / Judgment on Application for Relief From Sanctions Under CPR 3.9

Legal Issues

  1. 1 Whether relief from sanctions should be granted for late notification of CFA and ATE insurance under CPR 3.9 and 44.3B
  2. 2 Assessment of seriousness and significance of breach under Denton guidelines
  3. 3 Consideration of prejudice and all circumstances under CPR 3.9

Ratio Decidendi

Although the breach was serious in the sense that it triggered an automatic sanction, it did not cause significant adverse effect on the conduct of this or other litigation. There was no material prejudice to the defendants, and the claimants acted promptly once aware of the breach. In all the circumstances, relief from sanctions was just and proportionate.

Court Disposition

Application for relief from sanctions allowed.

Orders

  • Relief from sanctions granted to the claimants under CPR 3.9.
  • Costs to be considered after formal judgment.