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, would cause substantial additional work and disruption to the trial, and there was no good reason for the default. Only a small number of documents were permitted where they had substantial probative...

Source-derived case information.

Citation
[2018] EWHC 853 (QB)
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 largely refused; granted only for a small number of documents with substantial probative value and no risk of disruption.
Legal Topics
Relief From Sanctions, Disclosure of Documents, Case Management Orders, Civil Procedure Rules (cpr) 3.9
Civil Procedure Relief From Sanctions Disclosure of Documents Case Management Orders Civil Procedure Rules (cpr) 3.9

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Summary, issues, holding and outcome

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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 disclosure and reliance on documents in Test Case submissions
  2. 2 Whether documents not listed in June 2017 lists can be relied upon by 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, would cause substantial additional work and disruption to the trial, and there was no good reason for the default. Only a small number of documents were permitted where they had substantial probative value and would not cause disruption or prejudice. The misunderstanding by the Claimants did not amount to a good reason for the breach, and promptness was lacking. The orders required exhaustive lists for each Test Case, and documents not listed could not be relied upon without permission.

Court Disposition

Relief from sanctions largely refused; granted only for a small number of documents with substantial probative value and no risk of disruption.

Orders

  • Relief from sanctions granted 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.