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Tribunal rejects costs application delayed by solicitors with “inexplicable” ignorance of rules
A costs application, delayed by over five months as a result of “elementary errors” by solicitors, has been rejected as out of time by the First Tier Tax Tribunal. The judge said the law firm’s ignorance of the tribunal rules was “inexplicable”.
Richards: Mitchell led to decisions that were “manifestly unjust and disproportionate”
The Court of Appeal ruling in Mitchell led to decisions that were “manifestly unjust and disproportionate”, the deputy head of civil justice, Lord Justice Richards, has said in revoking a “draconian” order made before Denton.
Personal injury arbitration service aims to “break the dam”
A new personal injury service, launched today by leading personal injury silk Andrew Ritchie QC, aims to “break the dam” that has led the sector to fall behind others in its use of arbitration. Mr Ritchie has signed up 15 other silks.
High Court grants overworked law firm relief from sanctions
A High Court judge has granted relief from sanctions, after a law firm blamed pressure of work for late service of evidence in a Russian libel case. Despite the absence of a good reason for the breach, Mr Justice Warby said: “Compliance is not an end in itself.”
Mitchell and Denton have “direct bearing” on strike-outs for non-compliance
The Mitchell principles, restated in Denton, have a “direct bearing” on whether courts should impose strike-outs for non-compliance, the Court of Appeal has ruled.
Mitchell bites back as High Court overturns grant of relief from sanctions
The High Court has fired a warning that the Denton ruling does not give parties a free run at relief from sanctions applications after overturning an “overly generous interpretation of the judgment in Mitchell”.
Employment tribunals urged to bear Denton in mind when faced by procedural defaults
Employment tribunals should have regard to the “insight given by cases such as Mitchell” into what constitutes justice, Mr Justice Langstaff, president of the Employment Appeal Tribunal, has ruled.
High Court denies Lord Chancellor relief from sanctions in legal aid dispute
The High Court has denied the Lord Chancellor relief from sanctions in a case involving an attempt by the Legal Aid Agency to reclaim £160,000 plus interest from a former law firm 16 years after the final payments were made.
Denton and Mitchell have “profound importance” for default judgments
The rulings in Denton and Mitchell on relief from sanctions have “profound importance” when applications to set aside default judgments are considered, a High Court judge has ruled.
High Court attacks “unreasonable and opportunistic” defendants in relief from sanctions ruling
The High Court has overturned a cost judge’s refusal to grant relief from sanctions that prevented claimant lawyers from recovering their success fees, and instead accused the defendants of “unreasonable and opportunistic” conduct.
