Kimathi & Ors v The Foreign and Commonwealth Office [2018] EWHC 853 (QB) (18 April 2018)

Kimathi & Ors v The Foreign and Commonwealth Office [2018] EWHC 853 (QB) (18 April 2018)

Relief from sanctions was refused for most of the disputed documents because the breach was serious and significant, the Claimants failed to provide a good reason for the default, and granting relief would cause substantial additional work and risk disruption to the trial. Only a small number of documents were permitted where they had substantial probative value and would not cause significant prejudice or disruption.

Citation
[2018] EWHC 853
Parties
Claimants: Kimathi & ors; Defendant: The Foreign and Commonwealth Office
Jurisdiction
England and Wales
Judgment Date
18 April 2018
Procedural Posture
Civil / Interlocutory Application for Relief From Sanctions Under CPR 3.9
Outcome
Relief from sanctions refused for most documents; granted for a limited number of documents with substantial probative value and minimal risk of disruption.
Legal Topics
Relief From Sanctions, Case Management, Disclosure of Documents, Compliance With Court Orders
Civil Procedure Relief From Sanctions Case Management Disclosure of Documents Compliance With Court Orders

Case Brief

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Parties

Kimathi & ors

Claimants

The Foreign and Commonwealth Office

Defendant

Procedural Posture

Civil / Interlocutory Application for Relief From Sanctions Under CPR 3.9

Legal Issues

  1. 1 Whether the Claimants should be granted relief from sanctions for breach of court orders regarding the listing and reliance on documents in Test Case submissions
  2. 2 Whether documents not listed in accordance with the March and June 2017 orders can be relied upon by the Claimants in individual Test Case submissions

Ratio Decidendi

Relief from sanctions was refused for most of the disputed documents because the breach was serious and significant, the Claimants failed to provide a good reason for the default, and granting relief would cause substantial additional work and risk disruption to the trial. Only a small number of documents were permitted where they had substantial probative value and would not cause significant prejudice or disruption.

Court Disposition

Relief from sanctions refused for most documents; granted for a limited number of documents with substantial probative value and minimal risk of disruption.

Orders

  • Relief from sanctions approved for certain agreed documents as they will not cause further substantial disruption.
  • Relief from sanctions refused for the majority of disputed documents for TC20 and TC34.