CPR 3.9 Jackson Reforms' unintended consequences (Raayan v Trans Victory)

Table of contents

• Facts
• Factors
• Court details

Article summary

DR analysis: The Commercial Court granted an application for an extension of time in relation to particulars of claim, which had been served two days’ late. In doing so, it held the overriding objective demanded that relief from sanctions under CPR 3.9 be granted. This was ‘not because the court is unconcerned to ensure that Rules and orders are observed [but] because it is unrealistic to think that...justice always requires that indulgence should be refused’. Further, the new rules were not intended to result in a disproportionate response or an unjustified windfall. The judge was also critical of the defendant’s behaviour, which sought to exploit the claimant’s innocent error, which 'should have been inconsequential’. The judge warned that ‘if the points of the kind taken by the defendants result from a change in the Rules, far from the changes reducing costs and delays in litigation of this kind, the changes will, regrettably, aggravate them.’