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England and Wales decisions
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Appeal over credit hire damages dismissed. The court held the claimant was not debarred for non-disclosure and was entitled to rely on impecuniosity.
The appellants complied with the unless orders by giving the required instructions and serving the schedule produced by the e-disclosure provider; the orders did not require them to guarantee completeness or accuracy of the schedule. The strike out and debarring of defences was disproportionate as the judge failed to consider less draconian alternatives such as further unless orders, especially given the progress made and the limited scope of obligations. The appeal is allowed, orders set aside, and the matter remitted for re-trial.
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Midland Premier Properties Ltd & Anor v Doal & Ors [2026] EWCA Civ 117 (17 February 2026)
The Court of Appeal held the appellants had complied with an unless order on disclosure, so their defences should not have been struck out and the case was remitted.
Service of claim form at section 48 address is not valid after tenancy ends; relief from sanction properly refused due to serious and significant breach, lack of promptness, and absence of good reason; Judge's exercise of discretion was within the ambit of reasonable decisions.
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Optosafe Ltd & Anor v Robertson [2025] EWHC 2733 (KB) (22 October 2025)
Pre-trial ruling on cross-examination, evidence and relief from sanction in a harassment and contract claim. The court refused automatic cross-examination prohibition and struck out irrelevant evidence.
Pre-trial review in a contract and harassment claim. The court refused late reliance on Laura Pearson’s statement and struck out irrelevant witness evidence and hearsay material.
Friend MTS Ltd v Friend Partnership Ltd [2025] EWHC 2471 (Ch) (30 September 2025)
The High Court refused a stay sought on medical grounds, held that one company director could still instruct solicitors, and granted relief from sanction and time extensions.
The High Court set aside a without notice injunction over confidential employment materials, finding no adequate justification for secrecy and preferring ET determination.
Relief from sanction is granted as the breach was not serious or significant; however, due to multiple egregious and persistent failures in the bills and lack of rectification or contrition by claimant's solicitors, a severe sanction is warranted under CPR 44.11, resulting in a 75% reduction of the claimant's bill rather than strikeout.
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UT Judge Kebede lawfully exercised her discretion in granting an extension of time for the Secretary of State to appeal, applying the correct legal principles and considering all relevant circumstances. No arguable error of law was disclosed in her decision.
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