Supperstone v Hurst & Anor [2008] EWHC 735 (Ch) (16 April 2008)

Supperstone v Hurst & Anor [2008] EWHC 735 (Ch) (16 April 2008)

The Master was entitled, on the material before him, to conclude that the failure to give proper notice was not intentional and that there was a sufficient explanation for the late service. There was no evidence of prejudice to the Appellant, and the exercise of discretion to grant relief from sanction was not flawed. The appeal is dismissed.

Citation
[2008] EWHC 735 (Ch)
Parties
Claimant/respondent: Anthony Peter Supperstone; Defendant: Robert Alfred Hurst; Defendant/appellant: Ann Stephanie Hurst
Jurisdiction
England and Wales
Judgment Date
16 April 2008
Procedural Posture
Appeal / Judgment on Appeal From Decision of Master Gordon Saker
Outcome
Appeal dismissed
Legal Topics
Relief From Sanctions, Notice of Funding, Conditional Fee Agreements, After the Event Insurance, CPR Compliance
Civil Procedure Costs Relief From Sanctions Notice of Funding Conditional Fee Agreements After the Event Insurance CPR Compliance

Case Brief

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Parties

Anthony Peter Supperstone

Claimant/respondent

Robert Alfred Hurst

Defendant

Ann Stephanie Hurst

Defendant/appellant

Procedural Posture

Appeal / Judgment on Appeal From Decision of Master Gordon Saker

Legal Issues

  1. 1 Whether there was evidence to justify the Master's decision on the explanation for late service of the notice of funding
  2. 2 Whether there was evidence to justify the Master's decision that the Appellant was not prejudiced by late service

Ratio Decidendi

The Master was entitled, on the material before him, to conclude that the failure to give proper notice was not intentional and that there was a sufficient explanation for the late service. There was no evidence of prejudice to the Appellant, and the exercise of discretion to grant relief from sanction was not flawed. The appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Respondent entitled to costs of the appeal on the standard basis
  • Submissions on quantum of costs to be made in writing within 7 days if desired