ARTICLE
2 December 2019

Application Of Test For Relief From Sanctions In Solicitors' Liability Case

CC
Clyde & Co

Contributor

Clyde & Co is a leading, sector-focused global law firm with 415 partners, 2200 legal professionals and 3800 staff in over 50 offices and associated offices on six continents. The firm specialises in the sectors that move, build and power our connected world and the insurance that underpins it, namely: transport, infrastructure, energy, trade & commodities and insurance. With a strong focus on developed and emerging markets, the firm is one of the fastest growing law firms in the world with ambitious plans for further growth.
A claimant won his appeal against a judge's refusal to grant him relief from sanctions where his claim had been automatically struck out following non-payment of the court trial fee
United Kingdom Litigation, Mediation & Arbitration

Badejo v Cranston [2019] 11 WLUK 330

A claimant won his appeal against a judge's refusal to grant him relief from sanctions where his claim had been automatically struck out following non-payment of the court trial fee. The judge had misdirected himself in finding that the claimant could not rely on disproportionality criteria. The third stage of the test in Denton v TH White Ltd [2014] EWCA Civ 906 shows that, when considering relief from sanctions, the court had to consider whether it was just in all the circumstances to grant relief. That required the court to assess the proportionality of the consequences of refusing relief to the nature of the breach. The judge had failed to do this.

Whilst there were alternative remedies available to the claimant as he could bring a fresh claim against the defendant and/or a negligence claim against his solicitor, the former would be disproportionate and the latter would be less valuable than the claim against the defendant. The court's resources would also be stretched by dealing with another one or two claims and justice was better served by allowing the current claim to proceed.

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