Supreme Court upholds debarring order for failure to comply with freezing order disclosure

Supreme Court upholds debarring order for failure to comply with freezing order disclosure

rcjThe Supreme Court has dismissed the appellants’ appeal in Thevarajah v Riordan & others in a highly anticipated decision on the hot topic of relief from sanctions.

The Supreme Court upheld the Court of Appeal’s restoration of a debarring order made following the appellants’ non-compliance with an order requiring disclosure under a freezing order.

In doing so, the Supreme Court has found that, to succeed on a ‘second’ application for relief against sanctions under CPR 3.9, the applicant will need to discharge or vary the 'first' relief from sanctions decision under CPR 3.1(7). Here, subsequent compliance with the freezing order disclosure requirement did not constitute the ‘material change of circumstances’  required under Tibbles.

For our deeper analysis of this decision and some practical implications arising from it, LexisPSL Dispute Resolution subscribers can see our analysis Supreme Court upholds debarring order for failure to comply with freezing order disclosure (Thevarajah v Riordan & others). Click here to take a free trial to access the analysis.

 

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About the author:

Virginia specialises in general domestic and international commercial litigation, arbitration and alternative dispute resolution.

Virginia trained, qualified and practiced with Pinsent Masons before moving to Marriott Harrison where she continued in practice for a further seven years.

In practice, Virginia acted in a variety of general commercial disputes covering areas including  intellectual property, fraud, defamation, misrepresentation, breach of contract, debt recovery, breach of restrictive covenants and company and shareholders’ disputes.

Virginia is Head of Dispute Resolution at Lexis®PSL and, when not focused on the strategic development and operational requirements of the Dispute Resolution module, her content work focuses on case management and evidence in civil litigation. She also regularly contributes to the LexisNexis Dispute Resolution Blog.