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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2016 » March » 15

BRITISH GAS HAS PRODUCED SOME HOT AIR: DENTON APPLIED NOT CONVERTED

March 15, 2016 · by gexall · in Appeals, Applications, Members Content, Relief from sanctions, Uncategorized

I have already seen several headlines, and numerous commentaries, that mention the “hard line” taken by the Court of Appeal in British Gas Trading -v- Oak Cash & Carry Limited [2016] EWCA Civ 153.  The case is not as draconian as…

DENTON AND DELAY IN APPLYING FOR RELIEF FROM SANCTIONS: THE PRINCIPLES CANNOT BE CASH AND CARRIED AWAY

March 15, 2016 · by gexall · in Appeals, Applications, Members Content, Relief from sanctions, Uncategorized

The judgment of the Court of Appeal in British Gas Trading -v- Oak Cash & Carry Limited [2016] EWCA Civ 153 reiterates the significance of the Denton principles. It also emphasises the importance of applying for relief from sanctions promptly….

DELAY, DISCRETION AND SETTING ASIDE JUDGMENT

March 15, 2016 · by gexall · in Applications, Members Content, Relief from sanctions, Setting aside judgment, Statements of Case, Uncategorized

In the judgment today in Albesher -v- Ryan [2016] EWHC 541 (Comm) Mr Justice Walker considered issues of delay in an application to set aside a default judgment.   KEY POINTS A regular judgment was set aside because there was…

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