Diriye v Bojaj & Anor [2020] EWCA Civ 1400 (Hearing 15 October 2020)

Diriye v Bojaj & Anor [2020] EWCA Civ 1400 (Hearing 15 October 2020)

The Royal Mail 'Signed For 1st Class' service is covered by CPR 6.26, so deemed service occurred on the second business day after posting. However, the appellant's breach of the Unless Order was serious and significant, both in delay and in failing to provide substantive facts supporting impecuniosity. There was no good reason for the default, and all circumstances, including delay in seeking relief and persistent failure to plead impecuniosity, justified refusal of relief from sanctions. The District Judge's exercise of discretion was unimpeachable.

Citation
[2020] EWCA Civ 1400
Parties
Appellant: Mr Abdirahim Ali Diriye; First Respondent: Ms Kaltrina Bojaj; Second Respondent: Quick-Sure Insurance Limited
Jurisdiction
England and Wales
Procedural Posture
Civil Appeal / Second Appeal From Refusal of Relief From Sanctions
Outcome
Appeal dismissed
Legal Topics
Relief From Sanctions, Deemed Service, Unless Orders, Credit Hire Claims, Impecuniosity, Case Management Discretion
Civil Procedure Relief From Sanctions Deemed Service Unless Orders Credit Hire Claims Impecuniosity Case Management Discretion

Case Brief

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Parties

Mr Abdirahim Ali Diriye

Appellant

Ms Kaltrina Bojaj

First Respondent

Quick-Sure Insurance Limited

Second Respondent

Procedural Posture

Civil Appeal / Second Appeal From Refusal of Relief From Sanctions

Legal Issues

  1. 1 Whether Royal Mail 'Signed For 1st Class' service falls within CPR 6.26 deemed service provisions
  2. 2 Whether the District Judge was entitled to refuse relief from sanctions for breach of an Unless Order

Ratio Decidendi

The Royal Mail 'Signed For 1st Class' service is covered by CPR 6.26, so deemed service occurred on the second business day after posting. However, the appellant's breach of the Unless Order was serious and significant, both in delay and in failing to provide substantive facts supporting impecuniosity. There was no good reason for the default, and all circumstances, including delay in seeking relief and persistent failure to plead impecuniosity, justified refusal of relief from sanctions. The District Judge's exercise of discretion was unimpeachable.

Court Disposition

Appeal dismissed

Orders

  • Refusal of relief from sanctions stands; appellant debarred from relying on impecuniosity for credit hire claim.