Derina Tetla Phipps v Bruce Constantine Goulbourne

Derina Tetla Phipps v Bruce Constantine Goulbourne

The breach of the unless order was serious and significant, there was no good reason for the default, and granting relief would undermine the unless order. The claimant's solicitors' mistaken belief regarding service did not justify the delay. The application for relief from sanctions was not made promptly. The sanction imposed was proportionate given the history and circumstances.

Parties
Claimant: Ms Derina Tetla Phipps; Defendant: Mr Bruce Constantine Goulbourne
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Probate Claim / Application for Relief From Sanctions
Outcome
Application for relief from sanctions refused
Legal Topics
Relief From Sanctions, Service of Claim Form, Compliance With Court Orders
Probate Civil Procedure Relief From Sanctions Service of Claim Form Compliance With Court Orders

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 13 Party arguments 2
Sign in to unlock

Parties

Ms Derina Tetla Phipps

Claimant

Mr Bruce Constantine Goulbourne

Defendant

Procedural Posture

Probate Claim / Application for Relief From Sanctions

Legal Issues

  1. 1 Whether the claimant should be granted relief from sanctions for failure to serve the claim form within the time specified by an unless order

Ratio Decidendi

The breach of the unless order was serious and significant, there was no good reason for the default, and granting relief would undermine the unless order. The claimant's solicitors' mistaken belief regarding service did not justify the delay. The application for relief from sanctions was not made promptly. The sanction imposed was proportionate given the history and circumstances.

Court Disposition

Application for relief from sanctions refused

Orders

  • Claimant's application for relief from sanctions is refused
  • Consequential matters to be addressed at a later hearing