Ryder Plc v Beever
Relief from sanctions was granted because the claimant's defaults, while numerous, did not significantly prejudice the defendant or delay the action, the prejudice to the claimant from strike out would be severe, and the 'unless' order was made without proper notice or opportunity to be heard. The interests of justice and proportionality required reinstatement of the claim.
- Parties
- Defendant: Ryder PLC; Claimant: Dominic James Beever
- Jurisdiction
- England and Wales
- Judgment Date
- 21 December 2012
- Procedural Posture
- Civil Appeal / Second Appeal, Court of Appeal Decision
- Outcome
- appeal dismissed, action reinstated
- Legal Topics
- Relief From Sanctions, Case Management, CPR 3.9, Strike Out Orders, Professional Negligence
Case Brief
Summary, issues, holding and outcome
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Parties
Ryder PLC
Defendant
Dominic James Beever
Claimant
Procedural Posture
Civil Appeal / Second Appeal, Court of Appeal Decision
Legal Issues
- 1 Whether relief from sanctions under CPR 3.9 should be granted after a claim was struck out for failure to serve a costs schedule
- 2 Whether the trial date loss and prejudice to parties justified refusal of relief
Ratio Decidendi
Relief from sanctions was granted because the claimant's defaults, while numerous, did not significantly prejudice the defendant or delay the action, the prejudice to the claimant from strike out would be severe, and the 'unless' order was made without proper notice or opportunity to be heard. The interests of justice and proportionality required reinstatement of the claim.
Court Disposition
appeal dismissed, action reinstated
Orders
- Relief from sanctions granted under CPR 3.9
- Claim reinstated
Full Case Text
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