Failure to rectify or explain OCR issues results in failure of relief from sanctions application (Re Atrium Training Services; Smailes v McNally)

Article summary

Dispute Resolution analysis: the Companies Court has refused an application for relief from sanctions. The key determinate in this case was the failure of the applicants to address problems with OCR documents during disclosure and to adduce proper evidence to explain the issues encountered. The judgment also highlights that such application should be dealt with at first instance, the breach of an unless order had been determined by the Court of Appeal. It also considered that the scope of the enquiry as to whether to grant relief was not limited to the one issue considered by the Court of Appeal, on which relief would have been granted, but all alleged breaches of the Unless Order.