Clarion Housing Association Limited v Crest Nicholson Operations Limited
[2023] EWHC 620 (TCC)
Shill Properties Limited v Anne Bunch
7 March 2023
[2023] EWHC 478 (Ch)
High Court
Two sides in a property dispute missed deadlines for their court documents. One side's excuse was deemed poor, and they lost; the other side's was partly accepted, and they won. The judge considered how serious the mistakes were and if the punishments fit the crime.
Key Facts
- •Shill Properties Limited (claimant) sought specific performance of a contract to purchase 7 Gunstor Road, London from Anne Bunch (defendant).
- •The defendant initially claimed lack of capacity and duress, later amending her defence to allege non-compliance with s.2 of the Law of Property (Miscellaneous Provisions) Act 1989 and misrepresentation.
- •Both parties missed deadlines for filing witness statements, leading to multiple applications for relief from sanctions.
- •The claimant's application for an extension to file witness statements was significantly delayed.
- •The defendant's application was for relief from sanctions due to late filing and for permission to rely on revised witness statements that did not fully comply with CPR PD 57AC.
Legal Principles
Relief from sanctions
CPR 3.9
Witness statements and extensions
CPR 32.10
Denton v TH White Ltd principles for relief from sanctions
Denton v TH White Ltd [2014] EWCA Civ 906
Sanctions for non-compliance with CPR PD 57AC
CPR PD 57AC
Outcomes
Claimant's application for an extension to file witness statements dismissed.
Serious and significant breach; inadequate reasons for delay; previous breaches; disproportionate to grant relief.
Defendant's application for relief from sanctions for late filing of witness statements granted.
Partial good reason for delay (daughter's obstruction); prompt application; no previous defaults.
Defendant's application to rely on revised witness statements granted.
While the disregard of CPR PD 57AC was serious, the substance of the statements remained largely the same, and refusing permission would be disproportionate.
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