Shafqat Dad v Pavillion HP13 Limited

Shafqat Dad v Pavillion HP13 Limited

The Defendant's breaches of the unless order were serious and significant, there was no good reason for the default, and all circumstances—including repeated non-compliance, delay, and prior costs orders—militated against granting relief from sanctions. The applications to set aside the judgment and unless order were dismissed as totally without merit.

Parties
Claimant: Shafqat Dad; Defendant: Pavilion HP13 Limited
Jurisdiction
England and Wales
Judgment Date
26 June 2025
Procedural Posture
Civil / Application for Relief From Sanctions Following Judgment Without Trial After Striking Out
Outcome
Defendant's application for relief from sanctions and to set aside orders dismissed as totally without merit.
Legal Topics
Relief From Sanctions, Unless Orders, Striking Out, Setting Aside Judgment, Compliance With Court Orders
Civil Procedure Relief From Sanctions Unless Orders Striking Out Setting Aside Judgment 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 5 Authorities cited 20 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Shafqat Dad

Claimant

Pavilion HP13 Limited

Defendant

Procedural Posture

Civil / Application for Relief From Sanctions Following Judgment Without Trial After Striking Out

Legal Issues

  1. 1 Whether the Defendant is entitled to relief from sanctions following breach of an unless order
  2. 2 Whether the judgment of DDJ Foote and/or the unless order of DJ Rippon should be set aside
  3. 3 Whether the Defendant's application was made in time under CPR 3.6

Ratio Decidendi

The Defendant's breaches of the unless order were serious and significant, there was no good reason for the default, and all circumstances—including repeated non-compliance, delay, and prior costs orders—militated against granting relief from sanctions. The applications to set aside the judgment and unless order were dismissed as totally without merit.

Court Disposition

Defendant's application for relief from sanctions and to set aside orders dismissed as totally without merit.

Orders

  • Application for relief from sanctions dismissed
  • Application to set aside judgment/order dismissed