Utilise Tds Ltd v Davies & Ors

Utilise Tds Ltd v Davies & Ors

The District Judge was entitled to treat the combination of two trivial breaches of the same order, and the absence of any explanation for either, as rendering the default non-trivial and to refuse relief from sanctions. The application for relief was not made promptly, and no good reason was provided for the breaches. The exercise of discretion was not plainly wrong and should not be interfered with.

Parties
Claimant/appellant: Utilise TDS Limited; First Defendant/respondent: Neil Cranstoun Davies; Second Defendant/respondent: Bolton College; Third Defendant/respondent: Watertrain Limited
Jurisdiction
England and Wales
Judgment Date
24 February 2014
Procedural Posture
Civil Appeal / Judgment on Appeal Against Refusal of Relief From Sanctions
Outcome
appeal dismissed
Legal Topics
Relief From Sanctions, Case Management, Costs Budgeting, CPR 3.9, CPR 3.13, CPR 3.14
Civil Procedure Relief From Sanctions Case Management Costs Budgeting CPR 3.9 CPR 3.13 CPR 3.14

Case Brief

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Parties

Utilise TDS Limited

Claimant/appellant

Neil Cranstoun Davies

First Defendant/respondent

Bolton College

Second Defendant/respondent

Watertrain Limited

Third Defendant/respondent

Procedural Posture

Civil Appeal / Judgment on Appeal Against Refusal of Relief From Sanctions

Legal Issues

  1. 1 Whether two trivial breaches of the same court order can together be viewed as a non-trivial breach for purposes of relief from sanctions
  2. 2 Whether the District Judge erred in refusing relief from sanctions for late filing of costs budget
  3. 3 Whether lack of promptitude in applying for relief affects entitlement to relief

Ratio Decidendi

The District Judge was entitled to treat the combination of two trivial breaches of the same order, and the absence of any explanation for either, as rendering the default non-trivial and to refuse relief from sanctions. The application for relief was not made promptly, and no good reason was provided for the breaches. The exercise of discretion was not plainly wrong and should not be interfered with.

Court Disposition

appeal dismissed

Orders

  • permission to appeal granted
  • appeal dismissed