An important decision from the Supreme Court that has reaffirmed that a party who has failed to obtain relief from sanctions cannot make another application without demonstrating a change in circumstances
Court of Appeal confirms that the principles set out in Mitchell have to be read in the light of Denton
The High Court has allowed a case to continue despite a party failing to turn up for a directions hearing, and post-Denton, is another expression of leniency by the court in relation to parties seeking relief from sanctions
Court applied three-stage test in Denton when considering an application for relief from sanctions, and held failure to serve notice of new CFA was not a serious breach.
The Court of Appeal has today handed down a crucial judgment which will make civil litigation in England and Wales less adversarial and more co-operative, following an intervention by the Law Society
Earlier this month, the Court of Appeal heard three appeals together which concerned relief from sanctions and the application of Mitchell principles. Cait Sweeney examines the issues and practical implications raised by the hearings.
Overturning a Circuit Judge’s decision refusing relief from sanctions, Lord Justice Jackson stated that, as long as proceedings are not disrupted, parties will not be in breach of their obligations to their client by considering reasonable extensions of time.
The Court of Appeal upheld a decision to grant a claimant relief from sanctions, deciding that to threaten the entire progress of a case would be too severe.
The court considered whether, if a breach of a court order attracting sanctions can be viewed as trivial, could another trivial breach of the same order result in the first breach be viewed as non-trivial.
This case illustrates more robust and stricter approach the courts are now taking, following the Jackson reforms, and how not complying with court rules can lead to heavy costs sanctions.