Boodia v Yatsyna [2021] EWCA Civ 1705

Navjot Atwal (instructed by W Davies & Son Ltd t/a W Davies Solicitors) for the Appellant

Introduction

Mrs Boodia brought two claims against Mr Yatsyna who had carried out building work for her at two buildings, known as the Gables and the Barn. In the case of the Gables, the works were completed in June 2015; and in the case of the Barn in mid-May 2010. Both claims were issued on 11 November 2015. DJ Jarzabkowski, sitting in the county court at Brentford, tried the claim relating to the Barn on 7 January 2019; and gave judgment for Mrs Boodia for damages of £10,920 plus interest.

Mr Yatsyna appealed on a number of grounds. The only one that succeeded was his allegation that the District Judge did not have jurisdiction to try the claim because it had already been struck out for failure to pay a trial fee; and no application for relief against sanctions was before the court. The same applied to the claim relating to the Gables. HHJ Luba QC accepted that argument “with a heavy heart”. This is Mrs Boodia’s appeal against that decision.

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