Fouda v London Borough of Southwark and another

Practice – Civil litigation. The appellant was a taxi driver who had his vehicle seized by the respondent local authority for non-payment of council tax. The vehicle was returned in due course as it was a 'tool-of-the-trade' for the appellant. The appellant brought a claim for damages for loss of profit due to its retention. The authority brought a counterclaim for storage charges in respect of the vehicle. At trial the judge found that the appellant had failed to comply with the time limit for service of a witness statement and refused relief from sanctions. He also struck out the appellant's case on the pleadings and gave judgment for the local authority on the counterclaim. The appellant appealed. The Queen's Bench Division held that the judge had been correct to refuse relief from sanctions however judgment for the local authority on the counterclaim with regard to the storage of vehicle charges would be overturned.

Category: