Raayan Al Iraq Co Ltd and Others v Trans Victory Marine Inc and Others: ComC 23 Aug 2013

Application for extension of two days to service of particulars of claim. The defendants resisted saying that the court should apply sanctions against the claimant. The claimants applied for relief under rule 3.9.
Held: The new rules were against a background where it was recognised that courts had been too ready to grant relief. The judge acknowledged that the list of circumstances that was itemised in the earlier version of the rule had gone. Nevertheless, he proceeded ‘somewhat reluctantly’ to apply the old checklist of factors, and the ‘overriding objective demands that relief be granted and I grant it’.

Andrew Smith J
[2013] EWHC 2696 (Comm)
Civil Procedure Rules 3.9
Cited by:
CitedMitchell MP v News Group Newspapers Ltd CA 27-Nov-2013
(Practice Note) The claimant brought defamation proceedings against the defendant newspaper. His solicitors had failed to file his costs budget as required, and the claimant now appealed against an order under the new Rule 3.9, restricting very . .
CitedKaneria v Kaneria and Others ChD 15-Apr-2014
The parties were embroiled in a company dispute with allegations of conduct prejudicial to minority shareholders. An application was now made for sanctions for a failure to comply with court directions.
Held: Unless and until a higher Court . .

Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 26 November 2021; Ref: scu.518009