Thevarajah v Riordan

[2014] EWCA Civ 14; [2014] C.P.Rep. 19; [2014] 1 Costs L.R. 163

16th January 2014

Court of Appeal


Following the decision in Thevarajah v Riordan [2013] EWCH 3464, the applicant defendants had made a second application for relief from sanction on the basis that they had now complied with the unless order. The deputy judge below had permitted then to do so.

Allowing the appeal, the deputy judge had been wrong to rely on the decision in Woodhouse v Consignia Plc [2002] 1 W.L.R. 2558 as clear authority that a second application for relief was permissible. The appellants “second bite” application was in substance an application under CPR r.3.1(7) for the setting aside of the provisions of the earlier order refusing relief under r.3.9. Accordingly the criteria in Tibble v SIG Plc (t/a Asphaltic Roofing Supplies) [2012] 1 W.L.R. 2591 had to be satisfied which they manifestly were not. The deputy judge was wrong to hold that the appellants’ subsequent compliance with the unless order amounted to a “material chance of circumstance”

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