Failure to comply with order

Ethemi v Shiels [2008] EWHC 291 (QB)

The claimant appealed against a decision refusing his application for relief from the sanction of striking out his personal injury claim. A consent order required the claimant to provide signed authorisation for the release of documentation and for disclosure of various documents. When he failed to comply with that order a further order was made that provided that, in default of disclosure, the claim would be struck out. The order was breached and the judge refused to grant relief from sanction, holding that the effect of the failure to comply with the directions was not minimal as, by reason of the failure to disclose, the trial would have to be adjourned.