Devoy-Williams & Anor v Cartwright & Anor

Devoy-Williams & Anor v Cartwright & Anor

The appeal was dismissed because the judge at first instance was entitled to find material and intentional breaches of the Unless Order, there were no material procedural irregularities, the Denton v White test was properly applied, and the refusal of relief from sanctions was within the judge's discretion.

Parties
Appellant/claimant: David Devoy-Williams; Appellant/claimant: Anjana Devoy-Williams; Respondent/defendant: Hugh Cartwright & Amin
Jurisdiction
England and Wales
Judgment Date
05 October 2018
Procedural Posture
Civil Appeal / Judgment on Appeal From Central London County Court
Outcome
appeal dismissed
Legal Topics
Relief From Sanctions, Unless Orders, Case Management Discretion, Appeals, Negligence
Civil Procedure Relief From Sanctions Unless Orders Case Management Discretion Appeals Negligence

Case Brief

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Parties

David Devoy-Williams

Appellant/claimant

Anjana Devoy-Williams

Appellant/claimant

Hugh Cartwright & Amin

Respondent/defendant

Procedural Posture

Civil Appeal / Judgment on Appeal From Central London County Court

Legal Issues

  1. 1 Whether there was a material breach of an Unless Order by the appellants
  2. 2 Whether the judge at first instance erred in refusing relief from sanctions
  3. 3 Whether there were procedural irregularities amounting to injustice

Ratio Decidendi

The appeal was dismissed because the judge at first instance was entitled to find material and intentional breaches of the Unless Order, there were no material procedural irregularities, the Denton v White test was properly applied, and the refusal of relief from sanctions was within the judge's discretion.

Court Disposition

appeal dismissed

Orders

  • Permission to appeal granted
  • Appeal dismissed; order of Judge Baucher affirmed