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 was refused because the breach (failure to register claims by the cut-off date) was serious and significant, there was no good reason for the default or delay, the application was not prompt, and granting relief would undermine the discipline of the litigation. Estate claims were impermissible...

Source-derived case information.

Citation
[2017] EWHC 939 (QB)
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 of Claims / Application for Relief From Sanctions Under CPR 3.9; High Court (queen's Bench Division); Judgment on Application
Outcome
Application dismissed; relief from sanctions refused; claims not added to the GLO register.
Legal Topics
Relief From Sanctions, Late Joinder of Claims, Group Litigation Order Procedure, Solicitor Default, Limitation of Actions
Civil Procedure Group Litigation Personal Injury Relief From Sanctions Late Joinder of Claims Group Litigation Order Procedure Solicitor Default Limitation of Actions

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Summary, issues, holding and outcome

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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 of Claims / Application for Relief From Sanctions Under CPR 3.9; High Court (queen's Bench Division); Judgment on Application

Legal Issues

  1. 1 Whether relief from sanctions should be granted to allow late entry of claims onto the GLO register
  2. 2 Whether claims brought as personal representatives of estates can be joined
  3. 3 Whether the default in registration was due to solicitor error or claimant fault

Ratio Decidendi

Relief from sanctions was refused because the breach (failure to register claims by the cut-off date) was serious and significant, there was no good reason for the default or delay, the application was not prompt, and granting relief would undermine the discipline of the litigation. Estate claims were impermissible as they did not meet procedural requirements. The evidence did not establish that solicitor default was the sole cause, and the balance of prejudice and efficient litigation weighed against granting relief.

Court Disposition

Application dismissed; relief from sanctions refused; claims not added to the GLO register.

Orders

  • Application for relief from sanctions refused.
  • Claims of the Applicants not added to the group register.