Chiu & Ors v Waitrose Ltd & Ors

Chiu & Ors v Waitrose Ltd & Ors

Relief from sanctions is granted because the unusual circumstances—a mistake regarding the compliance date due to Good Friday, non-compliance with CPR 2.9, and prompt application—justify departing from the consent order. The solicitor's illness and misunderstanding of the rules provide a good explanation, and other CPR 3.9(1) factors favour relief.

Parties
Claimant: Fung Oi Chiu; Claimant: John Shayler; Claimant: Kwok Wong Chiu; First Defendant: Waitrose Limited; Second Defendant/third Party: Wates Construction Limited; Fourth Party: W A Fairhurst and Partners
Jurisdiction
England and Wales
Judgment Date
25 May 2011
Procedural Posture
Application for Relief From Sanctions / Ruling on Application Under CPR 3.9(1)
Outcome
relief from sanctions granted
Legal Topics
Relief From Sanctions, Consent Orders, Unless Orders, CPR 3.9(1)
Civil Procedure Relief From Sanctions Consent Orders Unless Orders CPR 3.9(1)

Case Brief

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Parties

Fung Oi Chiu

Claimant

John Shayler

Claimant

Kwok Wong Chiu

Claimant

Waitrose Limited

First Defendant

Wates Construction Limited

Second Defendant/third Party

W A Fairhurst and Partners

Fourth Party

Procedural Posture

Application for Relief From Sanctions / Ruling on Application Under CPR 3.9(1)

Legal Issues

  1. 1 Whether relief from sanctions should be granted for failure to comply with a consent unless order under CPR 3.9(1)
  2. 2 Effect of mistake regarding compliance date due to Good Friday
  3. 3 Weight to be given to consent orders in granting relief

Ratio Decidendi

Relief from sanctions is granted because the unusual circumstances—a mistake regarding the compliance date due to Good Friday, non-compliance with CPR 2.9, and prompt application—justify departing from the consent order. The solicitor's illness and misunderstanding of the rules provide a good explanation, and other CPR 3.9(1) factors favour relief.

Court Disposition

relief from sanctions granted

Orders

  • Service of Wates' Witness Statements on 26 April 2011 is deemed good compliance with the consent order.
  • Parties invited to make submissions as to costs and any necessary ancillary orders.