The Denton principles were mentioned, in passing, in the judgment of HHJ Moloney QC In NNN -v- DI  EWHC B14 (QB). The defendant had been in default in serving a list of documents on the claimant. A peremptory order had been made requiring the defendant to file a list of documents.
THE JUDGE’S DECISION ON THE SANCTION ISSUE
- As to the first application, on investigation of the Court files it emerged that, unknown to Master Cook, D1 had in fact filed a list of documents with the Court as soon as possible after 21 April 2014, which was a bank holiday. He had failed to serve, it on C’s solicitors as he should have done, but the Order of Master Fontaine was not explicit on this point and it was an understandable error on the part of a litigant in person. Furthermore, it appeared from that list that apart from the papers in the case itself D1 did not in fact have any material documents to disclose, certainly none that were not already in C’s hands; given the limited nature of his involvement in the underlying incident, as indicated below, this was not surprising. I therefore concluded that, given the nature of and reason for the breach, and the very limited prejudice in fact caused by it to C, it was a proper case for relief from sanction, applying the now current guidance in Denton v. White  EWCA Civ 906.