Kimathi & Ors v The Foreign & Commonwealth Office

Kimathi & Ors v The Foreign & Commonwealth Office

Relief from sanctions was refused because the breach was serious and significant, there was no good reason for the default, the application was not prompt, and granting relief would undermine the discipline of the litigation. In respect of estate claims, the applicants lacked the necessary grants of administration and such claims were outside the scope of the GLO. The evidence did not establish that the default was solely due to solicitor error, and the prejudice to the applicants was partially mitigated by potential claims against their former solicitors.

Parties
Claimants: Kimathi & others; Defendant: The Foreign & Commonwealth Office; Applicants: Applicants (32 Kenyan individuals)
Jurisdiction
England and Wales
Judgment Date
27 April 2017
Procedural Posture
Group Litigation Order (glo) Application for Relief From Sanctions and Joinder / Ruling on Application for Relief From Sanctions and Joinder of Claims to Register
Outcome
Application dismissed
Legal Topics
Relief From Sanctions, Joinder of Parties, Limitation of Actions, Solicitor Default, Estate Claims, Compliance With Court Orders
Civil Procedure Group Litigation Professional Negligence Relief From Sanctions Joinder of Parties Limitation of Actions Solicitor Default Estate Claims +1 more

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Parties

Kimathi & others

Claimants

The Foreign & Commonwealth Office

Defendant

Applicants (32 Kenyan individuals)

Applicants

Procedural Posture

Group Litigation Order (glo) Application for Relief From Sanctions and Joinder / Ruling on Application for Relief From Sanctions and Joinder of Claims to Register

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 of deceased persons can be joined
  3. 3 Whether the default in registration was due to solicitor error or applicant fault

Ratio Decidendi

Relief from sanctions was refused because the breach was serious and significant, there was no good reason for the default, the application was not prompt, and granting relief would undermine the discipline of the litigation. In respect of estate claims, the applicants lacked the necessary grants of administration and such claims were outside the scope of the GLO. The evidence did not establish that the default was solely due to solicitor error, and the prejudice to the applicants was partially mitigated by potential claims against their former solicitors.

Court Disposition

Application dismissed

Orders

  • Relief from sanctions refused for all applicants
  • No claims to be added to the GLO register