What's Trivial? - Andrew Spencer, 1 Chancery Lane
08/06/14. There are an increasing number of reported cases about breaches that can be characterised as “trivial” and thus meriting relief from sanctions without the need to show a “good reason”, providing the application was made promptly. One example is Adlington.
Hamblen J considered this issue very recently in Lakatamia Shipping Co Ltd v Nobu Su and others [2014] EWHC 275 (Comm). The Defendant was required by an Unless order to serve a disclosure list on 17th January 2014. The order did not specify the time for compliance, but the default date provided by the Commercial Court Guide was 4:30pm. The Defendant mistakenly thought it had until 5pm to serve the list. At 4:45pm – 15 minutes late – the Defendant sought to exchange lists with the Claimant. The Claimant replied that the Defendant was out of time. The Defendant proceeded to serve its list unilaterally at 5:16 – 46 minutes late.
The Defendant made a prompt application for relief from sanctions. This was opposed.
The judge noted that the delay was measured in minutes rather than hours and considered it was a “no more than insignificant failure to comply” and could be characterised as “narrowly missing a deadline” – examples of trivial breaches given by the Court of Appeal in Mitchell. The judge also addressed the consequences of the breach – these were minimal. There was no prejudice. This re-enforced the conclusion the breach was trivial.
Image cc flickr.com/photos/heymans/3180271943/
![Appeal judge rules that credit hire company has no costs liability following a finding of fundamental dishonesty in personal injury case: RSA v. Fastrack Solutions Limited [2023] 4 WLUK 92 - David Bowden, Erimus Chambers](/content/images/resized/images/stories/carkeys_72_72.jpg)
