Adva Optical Networking Ltd & Anor v Optron Holding Ltd [2017] EWHC 1813 (TCC) (21 July 2017)

Adva Optical Networking Ltd & Anor v Optron Holding Ltd [2017] EWHC 1813 (TCC) (21 July 2017)

Relief from sanctions was granted because, despite serious default and lack of good reason, the delay had no significant effect on proceedings, and default judgment would be contingent and artificial given the procedural posture.

Citation
[2017] EWHC 1813 (TCC)
Parties
Claimant: ADVA Optical Networking Limited; Claimant: MSIG Insurance Europe Limited; Defendant: Optron Holding Limited; Third Party / Respondent: Rotronic Instruments (UK) Limited; Defendant / Applicant: A One Distribution (UK) Limited
Jurisdiction
England and Wales
Judgment Date
21 July 2017
Procedural Posture
Application for Relief From Sanctions and Extension of Time to Serve Defence / Case Management Conference, Pre Trial
Outcome
Relief from sanctions granted; extension of time for service of defence allowed.
Legal Topics
Relief From Sanctions, Extension of Time, Default Judgment, Case Management
Civil Procedure Relief From Sanctions Extension of Time Default Judgment Case Management

Case Brief

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Parties

ADVA Optical Networking Limited

Claimant

MSIG Insurance Europe Limited

Claimant

Optron Holding Limited

Defendant

Rotronic Instruments (UK) Limited

Third Party / Respondent

A One Distribution (UK) Limited

Defendant / Applicant

Procedural Posture

Application for Relief From Sanctions and Extension of Time to Serve Defence / Case Management Conference, Pre Trial

Legal Issues

  1. 1 Whether A One Distribution (UK) Limited should be granted relief from sanctions for failure to serve defence on time
  2. 2 Whether extension of time for service of defence should be allowed
  3. 3 Whether default judgment should be set aside or prevented

Ratio Decidendi

Relief from sanctions was granted because, despite serious default and lack of good reason, the delay had no significant effect on proceedings, and default judgment would be contingent and artificial given the procedural posture.

Court Disposition

Relief from sanctions granted; extension of time for service of defence allowed.

Orders

  • A One Distribution (UK) Limited granted relief from sanctions.
  • Extension of time for service of defence up to 21 July 2017.