The discretion of the court and relief from sanctions: Chan Mok Park v Hassan Hadi & Anor [2022] EWCA Civ 581 - Rochelle Powell, Temple Garden Chambers
20/05/22. In a joint decision, Holroyde, Stuart-Smith and Warby LJJ held that Freedman J had not erred in granting relief from sanctions after the Respondent made an informal oral application without filing a witness statement.
Background
The claimant brought an action relating to the transfer of ownership of a public house. The defendants applied to strike out a claim and a peremptory order was made that the claimant must issue an application to amend his claim form and particulars of claim. Unfortunately, technical issues meant that the relevant documents were not served in time. The defendants asserted that service had not been effected and accordingly, the sanction contained in the peremptory order applied: the Particulars of Claim dismissed and Mr Park to pay the costs of the claim. At the resumed hearing, there was no formal application for relief from sanctions from Mr Park, nor was there a witness statement explaining what had occurred. Nevertheless, Freedman J granted relief, concluding that he had the power to grant relief absent a formal application pursuant to CPR 3.9.24. The defendants appealed...
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