Comply in full or risk your breach helping your defaulting opponent

PI_Nicola_Philipson Nicola Phillipson

Chartwell Estate Agents v Fergies Properties & Another [2014] EWHC 438

In an application by the Claimant for relief from sanctions in relation to late service of witness statements, permission given to both sides to serve out of time when fault found on both sides.  Durrant and M A Lloyd distinguished.  Appeal outstanding.

In granting relief, Globe J noted in relation to the Defendants;

No effort was made to safeguard their position, such as filing witness statements in a sealed envelope at court … the simple fact is that the Defendants did not have their statements ready either, nor did they seek to protect their position by so having them ready

A full summary of this case can be found on the Jackson Corner here

The Judgment can be found here

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One comment

  1. […] My colleague Nicki Phillipson reports on the Chartwell case in Comply in full or risk your breach helping your defaulting opponent […]

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