Kimathi & Ors v The Foreign & Commonwealth Office [2017] EWHC 939 (QB) (27 April 2017)

Kimathi & Ors v The Foreign & Commonwealth Office [2017] EWHC 939 (QB) (27 April 2017)

Relief from sanctions is refused because the breach is serious and significant, no good reason for default is established, estate claims are impermissible without proper administration, application is late, and granting relief would undermine litigation discipline and prejudice efficient conduct of proceedings.

Source-derived case information.

Citation
[2017] EWHC 939
Parties
Claimants: Kimathi & others; Defendant: The Foreign & Commonwealth Office
Jurisdiction
England and Wales
Judgment Date
27 April 2017
Procedural Posture
Group Litigation Order (glo) Application for Relief From Sanctions and Joinder / Post Trial Commencement, Application for Relief From Sanctions Under CPR 3.9
Outcome
Application dismissed; relief from sanctions not granted.
Legal Topics
Relief From Sanctions, Joinder of Claims, Solicitor Default, Estate Claims, Limitation, Compliance With Court Orders
Civil Procedure Group Litigation Professional Negligence Relief From Sanctions Joinder of Claims Solicitor Default Estate Claims Limitation +1 more

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Parties

Kimathi & others

Claimants

The Foreign & Commonwealth Office

Defendant

Procedural Posture

Group Litigation Order (glo) Application for Relief From Sanctions and Joinder / Post Trial Commencement, Application for Relief From Sanctions Under CPR 3.9

Legal Issues

  1. 1 Whether relief from sanctions should be granted to allow 32 applicants' claims to be added to the GLO register after the cut-off date
  2. 2 Whether claims brought on behalf of estates are permissible under the GLO
  3. 3 Whether the default in registration was due to solicitor error or applicant fault

Ratio Decidendi

Relief from sanctions is refused because the breach is serious and significant, no good reason for default is established, estate claims are impermissible without proper administration, application is late, and granting relief would undermine litigation discipline and prejudice efficient conduct of proceedings.

Court Disposition

Application dismissed; relief from sanctions not granted.

Orders

  • Claims of 32 applicants not added to GLO register.
  • Estate claims rejected as impermissible.