Application for relief from sanction: Matrejek v Home Group Limited
The High Court has granted permission to appeal against a decision granting relief from sanction to a housing association whose claim for possession was dismissed when it failed to attend a directions hearing. The housing association had repeatedly asked for, but not received, permission not to attend. The effect of the grant of relief was to reinstate the claim. Granting permission, Spencer J observed, “Permission to appeal is not lightly given in respect of a case management decision” but that “even applying the “more nuanced” approach to applications for relief from sanctions, required by Denton  EWCA Civ 906 (paragraph 38), it is arguable that there was no good reason for what was a serious or significant breach, and arguable that the judge’s approach, at the third stage, to “all the circumstances of the case” was impermissibly broad.” The appeal was heard on 29 October and judgment is expected shortly.
Sally Anne Blackmore of Ely Place Chambers is representing the Appellant, Ms Matrejek, instructed by Simon Marciniak of Miles and Partners.