Kimathi & Ors v The Foreign and Commonwealth Office

Kimathi & Ors v The Foreign and Commonwealth Office

Relief from sanctions was refused for most documents not listed in June 2017 because the breach was serious, not promptly addressed, and would cause substantial disruption and prejudice to the Defendant. The Claimants' misunderstanding of the orders was not a good reason for default. Relief was granted only for...

Source-derived case information.

Parties
Claimants: Kimathi & ors; Defendant: The Foreign and Commonwealth Office
Jurisdiction
England and Wales
Judgment Date
18 April 2018
Procedural Posture
Civil / Application for Relief From Sanctions Under CPR 3.9
Outcome
Relief from sanctions refused for most disputed documents; granted for certain documents by agreement or where justified.
Legal Topics
Relief From Sanctions, Disclosure of Documents, Case Management, Amendment of Pleadings
Civil Procedure Relief From Sanctions Disclosure of Documents Case Management Amendment of Pleadings

Source-derived case record

Summary, issues, holding and outcome

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Parties

Kimathi & ors

Claimants

The Foreign and Commonwealth Office

Defendant

Procedural Posture

Civil / Application for Relief From Sanctions Under CPR 3.9

Legal Issues

  1. 1 Whether the Claimants should be granted relief from sanctions for failure to comply with court orders regarding disclosure of documents for Test Case submissions
  2. 2 Whether documents not listed in June 2017 can be relied upon in Test Case submissions
  3. 3 Whether the use of certain documents contradicts the pleaded case or previous court rulings

Ratio Decidendi

Relief from sanctions was refused for most documents not listed in June 2017 because the breach was serious, not promptly addressed, and would cause substantial disruption and prejudice to the Defendant. The Claimants' misunderstanding of the orders was not a good reason for default. Relief was granted only for certain documents by agreement or where their probative value was high and no substantial disruption would result.

Court Disposition

Relief from sanctions refused for most disputed documents; granted for certain documents by agreement or where justified.

Orders

  • Relief from sanctions granted for specific documents as set out in the schedules attached to the judgment.
  • Relief from sanctions refused for all other disputed documents not listed in June 2017 for the relevant Test Cases.