Updates
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News
Relief from sanctions
Civil Litigation Section committee member Peter Causton offers advice and top tips on applying the relief from sanctions test.
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Analysis
Thevarajah v Riordan [2015] UKSC 78
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
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Analysis
Michael Wilson & Partners Ltd v Sinclair [2015] EWCA Civ 774
Court of Appeal confirms that the principles set out in Mitchell have to be read in the light of Denton
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Analysis
Home Group Ltd v Matrejek [2015] EWHC 441 (QB)
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
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Analysis
Ultimate Products Ltd v Wooley [2014] EWHC 2706 (Ch)
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.
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Analysis
Denton v TH White Ltd [2014] EWCA Civ 906: relief from sanctions appeals
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.
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Analysis
Hallam Estates Ltd v Baker [2014] EWCA Civ 661
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.
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Analysis
Chartwell Estate Agents Ltd v Fergies Properties SA & Anor [2014] EWCA Civ 506
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.
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Analysis
Utilise TDS Ltd v Davies [2014] EWHC 834 (Ch)
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.
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Analysis
Porter Capital Corporation v Zulfikar Masters (unreported, 19 March 2014)
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.
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Analysis
Thevarajah v Riordan [2014] EWCA Civ 15
Court of Appeal overturned the Chancery Division’s (ChD) decision to grant relief from sanctions, finding that the ChD could not make an inconsistent order granting relief unless and until the original order had been set aside by way of a variation or revocation.
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Analysis
MA Lloyd & Sons Ltd v PPC International Ltd [2014] EWHC 41 (QB)
The claimant was debarred from producing evidence about an issue at trial because it failed to comply with an order for exchange of witness statements.
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Analysis
Webb Resolutions Ltd v E-Surv Ltd [2014] EWHC 49 (QB)
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.
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Analysis
Spotlight: Mitchell v News Group Newspapers Ltd [2013] EWCA Civ 1526
Court of Appeal provided guidance, in light of the Jackson Reforms, on the circumstances in which relief from sanctions relating to non-compliance with rules, practice directions or court orders will be granted.