Thevarajah v Riordan and Others

JurisdictionEngland & Wales
CourtSupreme Court
Judgment Date16 December 2015
Date16 December 2015

Supreme Court

Before Lord Neuberger of Abbotsbury, Lord Mance, Lord Clarke of Stone-cum-Ebony, Lord Sumption and Lord Hodge

Thevarajah
and
Riordan and Others
Late compliance is not ground for relief

Where a party to litigation had been barred from defending a claim because he had failed to comply with an "unless" order to do something within a specified time and relief from sanctions had been refused at a time when he was still in default, the fact that he subsequently complied with the unless order did not amount to a material change of circumstances entitling him to make a second application for relief from sanctions. The Supreme Court so held in dismissing the appeal of the defendants, John Francis Riordan, Eugene Burke, Prestige Property Develper UK Ltd and Barrington Burke, fro m the decision of the Court of Appeal (Lord Justice Richards, Lord Justice Aikens and Lord Justice Davis) ([2014] CP Rep 19) which allowed the appeal of the claimant, Thavatheva Thevarajah, against an order of Mr Andrew Sutcliffe, QC, sitting as a deputy judge of the Chancery DivisionUNK, ([2013] EWHC 3179 (Ch)) granting the defendants relief from sanctions for failure to comply with an order made by Mr Justice Henderson on June 21, 2013, that unless the defendants made...

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1 books & journal articles
  • PROSECUTION IN PUBLIC, PROSECUTION IN PRIVATE.
    • United States
    • Notre Dame Law Review Vol. 97 No. 3, March 2022
    • 1 March 2022
    ...officer suspects. See Richard A. Oppel Jr. & Mitch Smith, Tamir Rice's Family Clashes with Prosecutor Over Police Killing, N.Y. TIMES (Dec. 23, 2015), https://www.nytimes.com/2015/12/24/us/tamir-rices-familv-and-prosecutor-quarrel-over-release-of-evidence.html [https://perma.cc/A7ET-JHA......