Tag Results

High Court denies claimants relief from sanctions after “serious and substantial default”

The High Court has rejected an application for relief from sanctions from claimants found to be in “serious and substantial” default by serving their particulars of claims three months late. A deputy Chancery master said the claimants had provided “inadequate reason for the breaches”.

October 10th, 2017 | No Comments »

Supreme Court: no “material change” means no second application for relief from sanctions

Litigants are not entitled to make a second application for relief from sanctions unless there has been a “material change in circumstances”, the Supreme Court has ruled. It also did not seek to revisit the guidance on relief set down by the Court of Appeal in Mitchell and Denton.

December 17th, 2015 | No Comments »

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 »

High Court: No relief from sanctions for “serial offenders”

A High Court judge has upheld a decision refusing relief from sanctions because the solicitors involved were “serial offenders” in breaking the rules.

April 30th, 2015 | No Comments »

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.”

March 18th, 2015 | No Comments »

Solicitor who “deliberately decided not to comply” with unless order denied relief from sanctions

A High Court judge has refused to grant relief from sanctions to a law firm which “deliberately decided not to comply” with a practice direction and unless order in an appeal against a finding of negligence.

March 6th, 2015 | No Comments »

Party “should waive privilege” to explain breach of court order

A company that blamed its former solicitors as the reason for its continuing failure to comply with an order to serve witness statements has failed in its attempt to vacate an imminent trial date.

January 30th, 2015 | No Comments »

Court of Appeal: litigants in person may get help with relief from sanctions, but only “at the margins”

The fact that an individual or a company is a litigant in person is not a reason for the “disapplication” of court orders, rules and directions, appeal judges have ruled.

January 5th, 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 »