Whittaker & Anor v Soper & Anor [2001] EWCA Civ 1462 (28 September 2001)

Whittaker & Anor v Soper & Anor [2001] EWCA Civ 1462 (28 September 2001)

The judge erred in fact and law by treating the executed charges as mere drafts and by failing to properly consider the proportionality and necessity of striking out the defence on the day of trial. Relief from sanction should have been granted as the breaches did not prejudice the claimants' ability to have a fair...

Source-derived case information.

Citation
[2001] EWCA Civ 1462
Parties
Applicant: Whittaker and Another; Respondent: Soper and Another
Jurisdiction
England and Wales
Judgment Date
28 September 2001
Procedural Posture
Application for Permission to Appeal and Stay of Execution With Appeal to Follow / Court of Appeal (civil Division) Application and Appeal
Outcome
Permission to appeal granted; appeal allowed.
Legal Topics
Relief From Sanctions, Strike Out of Defence, Case Management Discretion, Shareholder Disputes, Enforcement of Court Orders
Civil Procedure Contract Law Relief From Sanctions Strike Out of Defence Case Management Discretion Shareholder Disputes Enforcement of Court Orders

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Summary, issues, holding and outcome

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Parties

Whittaker and Another

Applicant

Soper and Another

Respondent

Procedural Posture

Application for Permission to Appeal and Stay of Execution With Appeal to Follow / Court of Appeal (civil Division) Application and Appeal

Legal Issues

  1. 1 Whether the defendants' defence was properly struck out for breach of court orders
  2. 2 Whether relief from sanction under CPR 3.9 should have been granted
  3. 3 Whether the judge erred in exercising case management discretion to debar the defendants from defending

Ratio Decidendi

The judge erred in fact and law by treating the executed charges as mere drafts and by failing to properly consider the proportionality and necessity of striking out the defence on the day of trial. Relief from sanction should have been granted as the breaches did not prejudice the claimants' ability to have a fair trial, and the ultimate sanction of strike out was disproportionate in the circumstances.

Court Disposition

Permission to appeal granted; appeal allowed.

Orders

  • Application for permission to appeal is granted.
  • Appeal is allowed.