ANATOMY OF A POST-DENTON RELIEF FROM SANCTIONS APPLICATION: ALL THE LINKS IN ONCE PLACE

There are four articles on relief from sanctions Post-Denton. 1. Death  of the word “trivial”. 2. The reason may not be good enough but this does not prevent relief from sanctions being granted. 3. The “Third Stage”: Everything is in…

SANCTIONS HEARING 5: UTILISE -v-DAVIES: MANY TRIVIAL BREACHES DO NOT LEAD TO RELIEF FROM SANCTIONS BEING REFUSED

The claimant served their costs budget 45 minutes late. Both the District Judge and Circuit Judge refused relief from sanctions. The Court of Appeal overturned this decision. THE FACTS The claimant’s cost budget was served at 4.45 and not 4.00….

SANCTIONS JUDGMENT 3: THE INDIVIDUAL CASES: DENTON – DON'T MILK SANCTIONS ARGUMENTS?

The previous posts looked at the general principles the Court of Appeal considered.  Here we look at the practical results in the three cases. DENTON: Denton was a case about an allegedly defective milking parlour.  The trial was set to…

SANCTIONS JUDGMENTS 2: THE THIRD STAGE AND CRACKING DOWN ON "OPPORTUNISM"

The Court of Appeal went on to state that a major misunderstanding had occurred in relation to sanctions applications.  There was a third stage which the Court explained at length. THE THIRD STAGE “31. The important misunderstanding that has occurred…