Carlton Advisors v Dorchester Holdings Ltd

Carlton Advisors v Dorchester Holdings Ltd

Relief from sanctions is granted to the defendants only on condition that they comply with pre-trial directions, pay all existing and new costs orders within 14 days, and deposit £25,000 in court as security. The defendants' conduct was unsatisfactory and not justified, but the court exercises its discretion to allow the trial to proceed with safeguards.

Parties
Claimant/respondent: Carlton Advisors; Applicant/defendant: Dorchester Holdings Ltd
Jurisdiction
England and Wales
Judgment Date
29 August 2014
Procedural Posture
Commercial / Application to Set Aside Previous Order Under CPR 23.11
Outcome
application granted with conditions
Legal Topics
Relief From Sanctions, Non Compliance With Court Orders, Costs Orders, Pre Trial Directions
Civil Procedure Relief From Sanctions Non Compliance With Court Orders Costs Orders Pre Trial Directions

Case Brief

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Parties

Carlton Advisors

Claimant/respondent

Dorchester Holdings Ltd

Applicant/defendant

Procedural Posture

Commercial / Application to Set Aside Previous Order Under CPR 23.11

Legal Issues

  1. 1 whether defendants should be granted relief from sanctions for non-compliance with court orders
  2. 2 whether the order of 25 July should be set aside
  3. 3 whether the court should require a deposit as security for costs

Ratio Decidendi

Relief from sanctions is granted to the defendants only on condition that they comply with pre-trial directions, pay all existing and new costs orders within 14 days, and deposit £25,000 in court as security. The defendants' conduct was unsatisfactory and not justified, but the court exercises its discretion to allow the trial to proceed with safeguards.

Court Disposition

application granted with conditions

Orders

  • Defendants must comply with pre-trial directions within the claimant's proposed time limits.
  • All existing and new costs orders must be paid within 14 days.