Tag Archives: CPR 3.9

RELIEF FROM SANCTIONS APPLICATIONS: 10 POINTS TO IMPROVE THE ODDS

It is now just over 18 months since the Denton decision. Cases in relation to relief from sanction are still being reported regularly.  It is clear that default remains a problem and an issue within the civil courts. Further it is equally clear that the Denton principles do not represent a “soft touch”. Applications for […]

RELIEF FROM SANCTIONS REFUSED: NO PERMISSION TO SERVE RESPONDENT’S NOTICE LATE

In Pipe -v- Spicerhaart Estate Agents Ltd [2016] EWHC 61 QB Mr Justice Sweeney refused permission to serve a Respondent’s notice late. “Against the background that this is a small claims case, the conduct of the Respondent in relation to the Respondent’s Notice (and also the provision of their skeleton argument at or around the […]

SUPREME SANCTIONS IN THE SUPREME COURT: NO SECOND BITE OF THE CHERRY

The judgment of the Supreme Court in Thevarajah -v- Riordan [2015] UKSC 78 has been long anticipated since it related to the law relating to sanctions. In fact it is a decision in relation to a very narrow issues.  The law relating to sanctions, and CPR 3.9 in particular, was not considered. The only speech […]

WAITING FOR LEGAL AID IS NOT A GOOD REASON FOR DELAY: COURT OF APPEAL DECISION

In R (Kigen) -v- Secretary of State for the Home Department [2015] EWCA Civ 1286 the Court of Appeal stated that delay caused by waiting for the Legal Aid Agency may no longer be accepted as a good reason for the court to exercise its discretion. “…solicitors in general may have been under the impression […]

LATE EXPERT EVIDENCE, DENTON AND WAVING A FINGER IN THE AIR

The decision of the Court of Appeal in O’Connor -v- The Pennine Hospitals NHS Trust [2015] EWCA 1244 will receive much attention for the important observations made as to evidence, proof and “res ipsa loquitur”.   However here I want to concentrate upon the appeal in relation to the judge’s refusal to allow the defendant […]

RELIEF FROM SANCTIONS REFUSED IN £30 MILLION CASE: NOT ALL SANCTIONS ARE EQUAL

In Sinclair -v- Dorsey & Whitney (Mr Justice Popplewell 20/11/2015)* an application for relief from sanctions was refused in a case that the claimant valued at £30 million. THE CASE The claimants had been ordered to provide security for costs. After a number of last minute applications for extensions an unless order was made. The […]

DENTON: EXTENSIONS OF TIME AND COSTS: OPPOSITION TO APPLICATIONS IS NOT ALWAYS UNREASONABLE

In The Queen on the Application of IDIRA -v- The Secretary of State for the Home Department [2015] EWCA Civ 1187 the Court of Appeal made a number of observations in relation to extensions of time, the Denton criteria, and costs. “A party is not required to agree to an extension of time in every […]

COURT OF APPEAL REFUSES TO ALLOW APPEAL WHERE RELIEF FROM SANCTIONS GRANTED FOLLOWING FAILURE TO GIVE TIMEOUS NOTICE OF FUNDING

In its judgment today in  Mischon De Reya -v- Caliendo [2015] EWCA Civ 1029 the Court of Appeal refused the Defendant’s appeal where a claimant had been granted relief from sanctions following a failure to give proper notice of funding. THE CASE The claimants had failed to file notice of funding at the appropriate time. […]

RELIEF FROM SANCTIONS: LATE SERVICE OF NOTICE OF FUNDING

Relief from sanctions following late service of the notice of funding was granted by Mr Justice Simon in Jackson -v- Thompson Solicitors (& others) [2015] EWHC 549 (QB). THE CASE The claimant had failed in an action against multiple defendants and was ordered to pay the costs. One of the defendants (Lord Prescott) entered into […]

RELIEF FROM SANCTIONS IN THE TCC: LATE SERVICE OF THE PARTICULARS OF CLAIM

The judgment of Mr Justice Edwards-Stuart in North Midland Construction plc -v- Geo Networks Ltd [2015] EWHC 2384 (TCC) provides an object lesson in the dangers of delaying service of the particulars of claim. THE CASE The claimant issued two sets of proceedings. The first was known as to “Project Yellow” claim; the second the […]