Application Of Test For Relief From Sanctions In Solicitors' Liability Case

Badejo v Cranston [2019] 11 WLUK 330

A claimant won his appeal against a judge's refusal to grant him relief from sanctions where his claim had been automatically struck out following non-payment of the court trial fee. The judge had misdirected himself in finding that the claimant could not rely on disproportionality criteria. The third stage of the test in Denton v TH White Ltd [2014] EWCA Civ 906 shows that, when considering relief from sanctions, the court had to consider whether it was just in all the circumstances to grant relief. That required the court to assess the proportionality of the consequences of refusing relief to the nature of the breach. The judge had failed to do this.