British Gas Trading Ltd v Oak Cash & Carry Ltd
2014
QUEEN’S BENCH DIVISION
UK
CORAM
- MRS JUSTICE MCGOWAN
Areas of Law
- Civil Procedure
2014
QUEEN’S BENCH DIVISION
UK
CORAM
AI Generated Summary
British Gas Trading Ltd initially obtained a default judgment against Oak Cash & Carry Ltd for an unpaid electricity debt. Oak Cash & Carry Ltd failed to submit required court documents on time, leading to the default judgment. They later sought relief from sanctions and succeeded, but British Gas Trading Ltd appealed. The appeal was allowed, with the higher court finding misapplication of CPR 3.9 by the trial judge and reinstating the default judgment.
Judgment
Mrs Justice McGowan DBE :
This is an appeal from a decision of HHJ Charles Harris QC sitting in the County Court in Oxford. On 15 th April 2014 he heard the Defendant’s application for relief from sanction and on that date he ordered that;
the default judgment of 18 th March 2014 be set aside,
the Defendant’s defence be reinstated and
the time for filing the Defendant’s listing questionnaire be extended until 4pm on 21 st February 2014. He gave further directions for the eventual trial of the case if it was not settled. He also ordered that the trial date which was then listed for the 30 th April to 1 st May 2014 be vacated.
BACKGROUND
The original claim brought by British Gas Trading Ltd against the Defendant, Oak Cash & Carry Ltd was for an unpaid debt for the provision of electricity. Proceedings were initiated in February 2013 and the litigation continued.
In the course of the proceedings various directions were made by District Judges in order to regulate the conduct of the litigation.
On 5 th November 2013 DJ Matthews ordered a series of directions as to inspection of documents, provision of witness statements, and in particular trial and pre-trial checklists. On that occasion it was ordered that the trial would take place during the period beginning 7 th April 2014 and ending 30 th May 2014. The trial at that stage was given a time estimate of two days.
On the 8 th November 2013 a further order was made setting down the date for trial on the 30 th April and 1 st May 2014 in accordance with the time estimate of two days.
Amongst the directions given by DJ Matthews on 5 th November 2013 was a requirement that both parties file listing questionnaires by 3 rd February 2014. By the 10 th February 2014 no such listing questionnaire had been filed on behalf of the Defendant and on 10 th February 2014 DJ Gatter issued an “unless” order; that unless the Defendant filed the listing questionnaire by 19 th February the defence would be struck out without further order of the court.
On 18 th February the Defendant’s solicitors filed a directions questionnaire, not a listing questionnaire with the court.
On 20 th February the court notified the Defendant’s solicitors that they had received the direction questionnaire and pointed out that that was not the document required and that in fact the listing questionnaire was still awaited. That was not received by the court until the 21 st February when it arrived by fax.
On 25 th February 2014 th