Thevarajah v Riordan and others

[2015] UKSC 78 UKSC 2014/0071 Thevarajah (Respondent) v Riordan and others (Appellants) On appeal from the Court of Appeal (Civil Division) (England and Wales) This appeal considered whether the Court of Appeal erred in holding that late compliance with an "unless order" could not amount to a material change of circumstances so as to justify the variation under the CPR 3.1(7) of an order debarring the appellants' defence. On 13 May 2013, the respondent issued proceedings against the appellants alleging breach of a share purchase agreement and claiming that he had acquired shares in certain companies. The third appellant was a nominal party and has not participated in the proceedings. On 9 May 2013, the respondent had obtained an ex parte freezing injunction against the appellants, which was continued on 17 May 2013 together with an order that the appellants disclose information relating to their assets. The respondent obtained an "unless order" dated 21 June 2013 which provided that unless the appellants made disclosure by 1 July 2013 they would be debarred from defending the claim. The appellants failed to comply with the "unless order" and their application for relief from sanctions was rejected on 9 August 2013. On 1 October 2013, the appellants made a second application for relief from sanctions on the basis that they were in a position to disclose the required information. The Supreme Court unanimously dismisses the appeal.