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 Supreme Court has ruled on the law applicable to claims in respect of fatal accidents where the accident happened abroad. The Fatal Accidents Act 1976 does not have universal application.
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 Commercial Court refused to treat service by email of the particulars of claim on the defendant as valid, despite the fact that this was not agreed by the defendant and was served late.
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.
A claimant was refused permission to rely upon a second expert report where the report of an original expert had been served, but the expert had withdrawn from the case.
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.
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.
This case was struck out by the Court of Appeal because the claimant’s solicitors had not followed the right procedure for service of court proceedings and not given an address for service of the claim form.