R C Residuals Ltd (formerly Regent Chemicals Ltd) v Linton Fuel Oils Ltd: CA 2 May 2002

The applicant had failed to comply with an unless order, delivering his expert evidence some 20 minutes late. The evidence had not been allowed. They appealed.
Held: The claim was re-instated. This was not the first occasion of default. Nevertheless, the rules listed several matters to be considered, and the judge must apply his mind to each element. Even though solicitors were entitled to refuse to accept service by e-mail, they might find the court less willing to hear their objection to late service where they insisted upon this. The judge had exercised his discretion wrongly.


Lord Justice Brooke, Lord Justice Kay and Sir Swinton Thomas


Times 22-May-2002, Gazette 30-May-2002, [2002] EWCA Civ 911, [2002] 1 WLR 2782




Civil Procedure Rules 3.9(1)


England and Wales


CitedWoodhouse v Consignia Plc; Steliou v Compton CA 7-Mar-2002
The claimant continued an action brought in her late husband’s name. The action had begun under the former rules. After the new rules came into effect, the action was automatically stayed, since no progress had been made for over a year. Her . .
CitedBansal v Cheema CA 2-Mar-2000
The court considered the application of CPR 3.9(1) to a decision relating to the relief of a sanction.
Held: Lord Justice Brooke said: ‘It is essential for courts, exercising their discretion on an occasion like this, to consider each matter . .

Cited by:

CitedStolzenberg and others v CIBC Mellon Trust Co Ltd and others CA 30-Jun-2004
The court considered the issue of the use of a strike out as a sanction for non-compliance with a court order.
Held: The approach of the court in a case considering relief for sanctions – exemplified by RC Residuals v Linton Fuel was bound to . .
CitedTisson v Telewest Communications Group Ltd EAT 19-Feb-2008
The claimant’s claim had been struck out for his failure to comply with an order to serve a list of documents.
Held: The appeal failed. The principles applied under the Civil Procedure Rules should be applied in Employment Tribunals. The . .
Lists of cited by and citing cases may be incomplete.

Civil Procedure Rules

Updated: 24 August 2022; Ref: scu.171260