An appellant who was 17 hours late in making a payment ordered by a judge has been granted relief from sanctions.
The payment was required as a condition for a default costs certificate being set aside. Ruling in Khandanpour v Chambers [2019] EWCA Civ 570, Lord Justice Males said the delay from 4pm until shortly before 9am the next morning—was not a serious or significant breach. Applying Denton principles to the application for relief, the county court judge refused relief from sanction. He held the appellant, a landlord whose tenant claimed unlawful eviction, had failed to pay for no good reason.
However, Males LJ said: ‘Ultimately, a sense of perspective is necessary. For the delay of a few hours which made no practical difference whatever, it would be disproportionate and unjust to deprive the appellant of an opportunity to challenge the default costs certificate.’
