Nelson v Circle Thirty Three Housing [2014] EWCA Civ 106

PI_Nicola_Philipson Nicola Phillipson

Nelson v Circle Thirty Three Housing [2014] EWCA Civ 106 – Relief from sanctions granted.  Confirmation that the court can consider whether there should be relief from sanction of its own motion.

The CA granted relief following the striking out of a Defence in a possession claim for non-disclosure of credit card statements.  The Judge did not have the full facts before him – most notably the fact that the bank was at fault for the non-compliance, not the Defendant or her solicitors.  In granting relief, the court referred to the “very special circumstances”.

The case is also worth noting for the confirmation that the court can consider whether or not to grant relief pursuant to 3.8, even where there is no formal application before the court – a useful case for those times where although an application has been made, the words “relief” and “3.8” don’t actually feature, and even though we all know why we’re at the hearing, the Respondent is objecting to the application for these reasons (hmm, that would have been me in court last week then …).

My summary here

Case here

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