Shadi Al Tarboush v Yusuf Cassam
[2024] EWHC 639 (KB)
Alexander Kuznetsov v Edwards Duthie Shamash (a firm) & Ors
19 April 2024
[2024] EWHC 870 (KB)
High Court
A man sued his former solicitors for negligence. He didn't show up to court twice, didn't provide proper medical reasons, and hadn't followed court orders. The judge threw out his case and made him pay the solicitors' legal bills, a lot of them.
Key Facts
- •Professional negligence claim by Alexander Kuznetsov (litigant in person) against Edwards Duthie Shamash, Edwards Duthie Solicitors, and Ola/Olabunmi Adesola McGhee.
- •Claim alleges failure to advise on including a whistleblowing claim in an Employment Tribunal claim against RBS.
- •Claimant failed to attend trial on two occasions despite court orders and provided insufficient medical evidence for adjournment.
- •Claimant failed to comply with multiple court orders, including filing witness evidence and a schedule of loss.
- •Defendants' evidence contradicted claimant's allegations, supported by contemporaneous attendance notes.
Legal Principles
Adequate medical evidence to justify non-attendance at trial.
Levy v Ellis-Carr [2012] EWHC 63 (Ch); Bruce v Wychavon District Council [2023] EWCA Civ 1389; GMC v Hayat [2018] EWCA (Civ) 2796
Court's power to proceed with a trial in the absence of a party and to strike out a claim.
CPR 39.3
Relief from sanctions.
CPR 3.9; Chartwell Estate Agents Ltd v Fergies Properties SA [2014] EWCA Civ 506; Denton & Ors. v White & Ors. [2014] EWCA Civ 906
Strike out application at trial – consideration of admissible evidence, not just pleadings.
CPR 39.3; Price Meats Limited v Barclays Bank Plc [2002] 2 All ER (Comm) 346; Re Regis UK Limited (In Administration) [2019] EWHC 3073 (Ch); Various Claimants v Standard Chartered PLC [2023] EWHC 2756 (Ch)
Costs follow the event; court's discretion in awarding costs.
Senior Courts Act 1981, s.51; CPR 44.2(1)
Indemnity costs – conduct of the parties 'out of the norm'.
Excelsior Commercial and Industrial Holdings Ltd [2002] EWCA Civ 879; Esure Services Ltd v Quarcoo [2009] EWCA Civ 595
Setting aside a judgment – promptness, good reason, and reasonable prospect of success.
CPR 39.3; Mabrouk v Murray [2022] EWCA Civ 960; Bruce v Wychavon District Council [2023] EWCA Civ 1389
Outcomes
Claimant's application for adjournment refused.
Insufficient medical evidence, claimant's history of non-compliance with court orders, and continued litigation activity.
Claim struck out.
Claimant's failure to attend trial, non-compliance with court orders (including failure to file witness evidence), and lack of admissible evidence to support the claim.
Defendants awarded costs against the claimant.
Costs follow the event; claimant's conduct justified indemnity costs.