Daly & Anor v Ryan & Anor

Daly & Anor v Ryan & Anor

The defendants failed to make an effective application within the prescribed time, did not provide evidence as required, and offered no good reason for the delay. The breach was serious and significant, and relief from sanctions is not justified. The application to set aside the May 2020 order is dismissed.

Parties
Claimant: Seamus Daly; Claimant: Photo Images Limited; Defendant: Thomas Gerrard Ryan; Defendant: Ryan Corporation (UK) Limited
Jurisdiction
England and Wales
Judgment Date
14 July 2020
Procedural Posture
Civil / Application to Set Aside Order
Outcome
application dismissed
Legal Topics
Relief From Sanctions, Application to Set Aside Judgment, Costs Assessment
Civil Procedure Relief From Sanctions Application to Set Aside Judgment Costs Assessment

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Parties

Seamus Daly

Claimant

Photo Images Limited

Claimant

Thomas Gerrard Ryan

Defendant

Ryan Corporation (UK) Limited

Defendant

Procedural Posture

Civil / Application to Set Aside Order

Legal Issues

  1. 1 Whether the defendants are entitled to relief from sanctions for late filing of evidence and defective application notice
  2. 2 Whether the application to set aside the May 2020 order should be allowed
  3. 3 Whether an extension of time should be granted for the application under CPR 3.6

Ratio Decidendi

The defendants failed to make an effective application within the prescribed time, did not provide evidence as required, and offered no good reason for the delay. The breach was serious and significant, and relief from sanctions is not justified. The application to set aside the May 2020 order is dismissed.

Court Disposition

application dismissed

Orders

  • Defendants' application to set aside the May 2020 order is dismissed.
  • Defendants to pay claimants' costs assessed at £14,400.