Tag Results

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.

July 27th, 2015 | No Comments »

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.

December 16th, 2014 | No Comments »

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”.

December 9th, 2014 | No Comments »

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.

December 8th, 2014 | No Comments »

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.

November 11th, 2014 | No Comments »

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.

October 7th, 2014 | No Comments »

“Slip, mistake or oversight” over funding notice was not significant failure, High Court rules

The failure by a claimant’s solicitors to inform the other side of a replacement conditional fee agreement could be accurately described as a “slip, mistake or oversight” and not a “significant” failure under the ruling in Denton, the High Court has decided.

August 12th, 2014 | No Comments »

Tax tribunal applies Denton to brush off delay

A senior tax judge has become one of the first to go through the Denton principles on relief from sanction, in finding that an 11-day delay in serving a statement of case was not significant.

August 8th, 2014 | No Comments »

Extension of QOCS the key to the “true Jackson”, says Ramsey

Mr Justice Ramsey, the judge in charge of Jackson implementation, has said that extending qualified one-way costs shifting (QOCS) beyond the limits of personal injury and defamation holds the key to unlocking the “true Jackson”.

July 15th, 2014 | No Comments »

Will Court of Appeal triple-header lead to ‘Mitchell-lite’?

A barrister who has led the way in analysing the impact of the Mitchell case has predicted that this week’s hearing of three ‘trivial breach’ cases at the Court of Appeal could pave the way for ‘Mitchell-lite’.

June 19th, 2014 | No Comments »