Application for relief from sanction dismissed

The Local Authority Defendant failed to file Directions Questionnaires on time.

The court made an order that unless they file the questionnaire by 28 February or their defence be struck out without further order.

The Defendant filed their Directions Questionnaire with the court on the last day but at 16.48 pm and it was deemed served on the following day and therefore their defence was automatically struck out.

The Defendant applied for relief from sanction. This was refused because:-

It was a 2nd breach

The Defendant gave no reason for the delay

The Defendant did not make their application promptly.

The District Judge stated that filing the document 48 minutes late was trivial. She accepted that the matter is at a very early stage and that the disrepair is at the minor end of the scale but nevertheless the current position, case law and post Jackson era meant that proceedings have to be conducted in an efficient manner and having regard to all the circumstances of the case and CPR3.9 and overrriding objective the Defendant’s application was dismissed.

Permission to D to appeal was refused.

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