In Bangs v FM Conway Ltd [2024] EWCA Civ 1461, the Court of Appeal considered the issue of relief from sanctions in relation to a procedural failure by the claimant, Mr. Bangs.
Facts:
- The claimant had missed a crucial deadline for filing certain documents in the proceedings, which was a procedural error.
- As a result, FM Conway Ltd applied for the claim to be struck out due to this failure to comply with the procedural rules.
- Mr. Bangs sought relief from sanctions, arguing that the failure to meet the deadline was not deliberate and that the matter could still be fairly resolved.
Court’s Decision:
- The Court of Appeal granted relief from sanctions.
- In reaching their decision, the Court applied the Denton criteria (Dentons v W.H. Smith), which requires a balanced consideration of:
- The seriousness and significance of the failure to comply with the rules.
- The reasons for the failure.
- Whether the non-compliance was deliberate or innocent.
- The effect of granting relief on the overall progress of the case.
- In this case, the Court of Appeal found that whilst the failure to comply was serious, it was not deliberate and there was no significant prejudice to the defendant (FM Conway Ltd) in granting relief. Furthermore, the case had merits and should not be deprived of a fair hearing based on this procedural issue alone.
Key Points:
- The decision emphasizes that relief from sanctions can be granted when the failure to comply is not due to deliberate actions, and where it would be unfair to penalize the claimant with the harshest sanction of striking out the claim.
- The court underlined the importance of the principle of justice being served and allowing the substantive claim to proceed wherever possible, particularly if no significant prejudice would arise from the delay.
Conclusion:
The Court of Appeal allowed the claimant’s application for relief from sanctions, allowing the case to proceed to trial despite the procedural breach.
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