Citation: EWHC 97 (TCC); [2013] C.P. Rep. 26; [2013] B.L.R. 313; (2013) 163 N.L.J. 169
Nature of case: Lazari sought a conditional order against London & Newcastle requiring a payment into court of £100,000, under CPR r.3.1, 25.6 and 25.7 . London & Newcastle had admitted liability in respect of defects in Lazari’s property, but quantum remained an issue. Held by Akenhead J that it would not be appropriate to grant the order sought under r.3.1(3). That provision enabled the court to grant relief on terms, and the conditional payment into court should be expressed as part of the order granting that relief. No relief was sought by London & Newcastle, who was not guilty of any continuing non-compliance. In those circumstances, it would be more appropriate to grant relief under r.3.1(5) and 25.7, London & Newcastle had failed to comply with the rules of court, and with the overriding objective. An order that London & Newcastle pay £30,000 into court would focus the minds of the parties on settling the remaining issues between them, and would not stifle London & Newcastle’s defence of the claim against it.
