Petrou v Lambrou (t/a KCJ Builders)

Petrou v Lambrou (t/a KCJ Builders)

The appeal is dismissed because, whether the focus is on the unless order or the directions order, the lower court's exercise of discretion to grant relief from sanctions was not wrong. The Defendant's default, while serious and without good reason, was not intentional, and the circumstances justified extending time and setting aside the default judgment.

Parties
Claimant: Adonis Petrou; Defendant: Peter Lambrou (t/a KCJ Builders)
Jurisdiction
England and Wales
Judgment Date
01 February 2019
Procedural Posture
Civil Appeal / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Relief From Sanctions, Default Judgment, Directions Order, Unless Order, Litigant in Person
Civil Procedure Relief From Sanctions Default Judgment Directions Order Unless Order Litigant in Person

Case Brief

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Parties

Adonis Petrou

Claimant

Peter Lambrou (t/a KCJ Builders)

Defendant

Procedural Posture

Civil Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the lower court erred in granting relief from sanctions to the Defendant for failure to comply with a directions order and unless order
  2. 2 Whether the correct legal test (Denton test) was properly applied

Ratio Decidendi

The appeal is dismissed because, whether the focus is on the unless order or the directions order, the lower court's exercise of discretion to grant relief from sanctions was not wrong. The Defendant's default, while serious and without good reason, was not intentional, and the circumstances justified extending time and setting aside the default judgment.

Court Disposition

Appeal dismissed

Orders

  • Time for compliance with unless order extended
  • Default judgment set aside