Relief from sanctions, late witness statements and litigants in person

The judgment of Mr Justice Warren in Chadwick -v- Burling [2015] EWHC 1610 (Ch) highlights some important issues in relation to relief from sanctions in general, and the position of litigants in person in particular.

Reblogged from Civil Litigation Brief

Civil Litigation Brief

The judgment of Mr Justice Warren in Chadwick -v- Burling [2015] EWHC 1610 (Ch) highlights some important issues in relation to relief from sanctions in general, and the position of litigants in person in particular.

THE CASE

The applicant in the case was the trustee in bankruptcy and bringing an action for possession and declarations of ownership in relation to a number of properties.  An order was made for the filing of evidence. The respondents did not file any evidence. A peremptory order was made that evidence be served by 5th August 2014 or the respondents be debarred from relying on evidence.

The second-respondent was the former wife of the bankrupt. She did not file evidence. She stated that she did not recall receiving the order, but did not positively state she did not receive it.

An application was made for relief from sanctions. That application was refused by the…

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