Jackson Reforms bite: judgment for $7m ordered against non-complying defendants

In the case of Newland Shipping & Forwarding Ltd v Toba Trading FZC: Newland Shipping & Forwarding Ltd v (1) Toba Trading FZC (2) Mr Syed Majed Taheri (3) Mr Hossein Rahbarian [2014] EWHC 210 (Comm), 6 February 2014, Hamblen J has upheld an order against two defendants for failing to produce adequate disclosure and failing to file witness statements, resulting in judgment being entered against both for more than $7m (£4.2m).

Hamblen J applied the Court of Appeal’s ruling in Mitchell v News Group Newspapers Ltd [2013] EWCA Civ 1537, finding that the non-compliance was more than trivial and that there were no good reasons for it.

The claimants claimed for unpaid sums due from the three defendants for oil products. Two separate actions were joined. The defendants were an Iranian company (D1) and two individuals (D2 and D3) who were closely involved with it. Trial was scheduled for February 2014. In September 2013, the defendants had produced disclosure 10 days late (extension as agreed), but the disclosure had not been provided in separate lists for each defendant, as required by the CPR…

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