Any defaulting party who had lost all hope since Mitchell  EWCA Civ 1537 may take some comfort from Lakatamia Shipping Co Ltd v Nobu Su & Ors
 EWHC 275 (Comm) in which relief from sanctions was granted.
The default in question was the failure on the part of Ds’ solicitors to comply with an Unless Order in respect of disclosure. Although the order had specified a date for compliance, it had not specified the time of day by which disclosure was to be complied with. Ds’ solicitors thought that 5pm was the time for compliance. The Commercial Court Guide (at D19.2), however, provides that absent a specific provision, the latest time for compliance is 4.30pm on the day in question. D’s disclosure was 46 minutes late.
An application for relief from sanctions was made the next working day. In granting relief, Cooke J considered the following was relevant:
C itself was in breach of the order and had C provided a list or sought to exchange lists prior to the deadline, it is likely that Ds would have done likewise.
Philippa Seal / 1st Mar 2014
The information and any commentary on the law contained on this web site is provided free of charge for information purposes only. Every reasonable effort is made to make the information and commentary accurate and up to date, but no responsibility for its accuracy and correctness, or for any consequences of relying on it, is assumed by any member of Chambers. The information and commentary does not, and is not intended to, amount to legal advice to any person on a specific case or matter. You are strongly advised to obtain specific, personal advice from a lawyer about your case or matter and not to rely on the information or comments on this site. No responsibility is accepted for the content or accuracy of linked sites.
If you like what you've read but want to know more about how we can help you, simply call us:
Alternatively you can send us an email and a member of our team will contact you as soon as possible.