Newland Shipping & Forwarding Ltd v Toba Trading FZC

Newland Shipping & Forwarding Ltd v Toba Trading FZC

Relief from sanctions under CPR 3.9 was granted only in Action 1214 due to absence of default; variation of judgment under CPR 3.1(7) was allowed solely to correct the misstated claim amount in Action 1213. Otherwise, applications for relief and variation were refused due to serious non-compliance and lack of good reason.

Parties
Claimant: Newland Shipping & Forwarding Ltd; Defendant: Toba Trading FZC; Second Defendant: Syed Majed Taheri; Third Defendant: Hossein Rahbarian
Jurisdiction
England and Wales
Judgment Date
06 February 2014
Procedural Posture
Commercial / Ruling on Applications for Relief From Sanctions and Variation of Judgment
Outcome
Partial grant and partial refusal of applications.
Legal Topics
Relief From Sanctions, Variation of Judgment, Default Judgment, Disclosure, Witness Statements
Civil Procedure Commercial Law Relief From Sanctions Variation of Judgment Default Judgment Disclosure Witness Statements

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Parties

Newland Shipping & Forwarding Ltd

Claimant

Toba Trading FZC

Defendant

Syed Majed Taheri

Second Defendant

Hossein Rahbarian

Third Defendant

Procedural Posture

Commercial / Ruling on Applications for Relief From Sanctions and Variation of Judgment

Legal Issues

  1. 1 Whether relief from sanctions should be granted under CPR 3.9 for non-compliance with court orders
  2. 2 Whether judgment should be varied under CPR 3.1(7) due to misstated claim amount
  3. 3 Whether default judgment against D3 was appropriate

Ratio Decidendi

Relief from sanctions under CPR 3.9 was granted only in Action 1214 due to absence of default; variation of judgment under CPR 3.1(7) was allowed solely to correct the misstated claim amount in Action 1213. Otherwise, applications for relief and variation were refused due to serious non-compliance and lack of good reason.

Court Disposition

Partial grant and partial refusal of applications.

Orders

  • Judgment sum in Action 1213 amended to US$3,904,060.16 under CPR 3.1(7).
  • Relief from sanctions granted in Action 1214 under CPR 3.9.