DENTON PRINCIPLES APPLY TO APPLICATIONS TO SET ASIDE DEFAULT JUDGMENTS: COURT OF APPEAL DECISION TODAY
In FXF v English Karate Federation Ltd & Anor [2023] EWCA Civ 891 the Court of Appeal stated, categorically, that the Denton principles must be considered where a defendant applies to set aside a default judgment. Firstly there was binding…
COST BITES 96: A “REPLACEMENT” BUDGET WAS SERVED LATE: RELIEF FROM SANCTIONS GRANTED
In Henderson and Jones Ltd v Stargunter Ltd & Anor [2023] EWHC 1849 (TCC) Neil Moody KC (sitting as a High Court Judge) considered whether a formal application for relief from sanctions was needed in a case where a party…
PERMISSION GIVEN FOR “UPDATING” WITNESS STATEMENTS: PARTIES NEED TO CONSIDER DIRECTIONS FOR UP-TO-DATE FACTUAL EVIDENCE
The judgment of Mr Justice Ritchie in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2023] EWHC 1770 (KB) is an example of how consideration needs to be given to “updated” witness statements in a case where there situation is…
COURT OF APPEAL UPHOLDS DECISION NOT TO GRANT RELIEF FROM SANCTIONS: PROBLEMS WITH ISSUE, SERVICE AND NOTICE OF APPLICATIONS: ALL LITIGATION LIFE IS HERE…
In Elo Trustees Ltd v Bonhams 1793 Ltd & Anor [2023] EWCA Civ 664 the Court of Appeal upheld a decision not to give relief from sanctions. The case is illustrative of a large number of the dangers of litigation….
COST BITES 83: DEFENDANT SERVING BUDGET LATE SCRAPES HOME IN A “BORDERLINE” CASE
In K/S Mountain Invest v Ducat Maritime Ltd [2023] EWHC 939 (Comm) HHJ Keyser KC (sitting as a High Court Judge) granted the defendant relief from sanctions following the late filing of its costs budget. The defendant was, perhaps, fortunate….
AMENDMENT, COMPLIANCE WITH PEREMPTORY ORDERS AND THE DENTON CRITERIA: THERE IS NO HALFWAY HOUSE: COURT OF APPEAL DECISION
There are so many judgments dealing with the issue of late amendment that, as I have stated before, I often do not write about them – each being fact specific. However the Court of Appeal judgment in CNM Estates (Tolworth…
WHAT TO DO WHEN THINGS GO WRONG IN LITIGATION: WEBINAR 25th APRIL 2023
This blog spends a lot of time looking at cases where things have gone wrong, for one reason and another. This webinar on the 25th April 2023 looks at the main problem areas in litigation and the practical steps that…
DEFENDANT GRANTED RELIEF FROM SANCTIONS WHEN WITNESS EVIDENCE SERVED ONE YEAR LATE: WIDER INTERESTS OF JUSTICE CONSIDERED
I am grateful to barrister Andrew McLaughlin for drawing my attention to the judgment of Mr Justice Freedman in Tiernan-Spratt & Anor v City Of Wolverhampton Council [2023] EWHC 811 (KB). It concerns a successful appeal. The judge at first…
THE SERVICE OF WITNESS STATEMENTS LATE: CLAIMANT REFUSED RELIEF FROM SANCTIONS: DEFENDANT GRANTED RELIEF FROM SANCTIONS: EQUALITY IS NOT ALWAYS EQUITY
It is quite possible that both parties in an action could be in default. One party could be granted relief from sanctions for that default and the other refused. This is precisely what happened in Shill Properties Ltd v Bunch…
UPDATED VERSION OF THE DENTON RESOURCE: “A BUMPER CROP OF PROCEDURAL ERRORS”
The Sanctions Case Watch section of this blog has, for many years, included a link to the Denton Resource. A new edition of the Resource was published on the 7th February 2023 and it can be found here. THE DENTON…
RELIEF FROM SANCTIONS REFUSED FOLLOWING LATE SERVICE OF WITNESS STATEMENTS: RECOURSE TO HUMAN RIGHTS ARGUMENTS WERE TO NO AVAIL
In Bank of Scotland Plc v Hoskins [2023] EWHC 306 (Ch) HHJ Paul Matthews (sitting as a High Court Judge) refused an application for relief from sanctions following late service of witness evidence. The Defendant’s attempt to invoke Human Rights…
THE CLAIMANT HAD SIX WEEKS TO ISSUE AND SERVE THE CLAIM FORM AND WAS ONE DAY LATE: RELIEF FROM SANCTIONS REFUSED
In Halton Borough Council v Secretary of State for Levelling Up, Housing And Communities [2023] EWHC 293 (Admin) HHJ Stephen Davies (sitting as a High Court Judge) refused a claimant’s application for relief from sanctions. This was a case where…
COURT REFUSES CLAIMANT’S APPLICATION FOR RETROSPECTIVE EXTENSION OF TIME TO SERVE THE CLAIM FORM:CLAIMANT’S ARGUMENTS THAT CPR 3.9 APPLIED FAILED TO FLY
Regular readers may be concerned that we have got through to the second week of February of the year and we have not yet had a claims form case. (There are several in the pipeline.) I am grateful to barrister…
CLAIMANT’S APPLICATION FOR RELIEF FROM SANCTIONS REFUSED – IN CATEGORICAL TERMS
In 889 Trading Ltd v Clydesdale Bank Plc & Ors [2023] EWHC 215 (Ch) HHJ Hodge KC, sitting as a judge of the High Court, refused the claimant’s application for relief. That refusal was in very categorical terms. The claimant…
RESPONDENT SIX MONTHS LATE IN SERVING WITNESS STATEMENT: RELIEF FROM SANCTIONS GRANTED
In Davidson & Ors v Looney (Re Kieran Looney & Co Ltd) [2023] EWHC 197 (Ch) Deputy ICC Judge Kyriakides granted a respondent relief from sanctions when a witness statement was served six months late. THE CASE The applicant liquidators…
YOU SHOULD REALLY NOTICE WHEN YOU HAVE FAILED TO COMPLY WITH A COURT ORDER AND REQUIRE RELIEF FROM SANCTIONS: “THE COURT’S PATIENCE WAS BEING SORELY TESTED”
A short part of the judgment of Master Stevens in Bailey v Bijlani & Anor [2022] EWHC 2821 (KB) records the fact that the applicant defendant required relief from sanctions, but was not proposing to ask for it. “… I…
RELIEF FROM SANCTIONS REFUSED: TRIAL BUNDLES, LATE WITNESS STATEMENTS AND LATE DISCLOSURE: CASES NEED TO BE PREPARED PROPERLY
I am grateful to my colleague Eleanor Temple for sending me a copy of the decision of HHJ-Davis-White KC in the case of Ball -v- Ball (11th October 2022), a copy of the judgment is available here Ball v Ball…
UNSUCCESSFUL APPEAL: DEFENDANT REFUSED RELIEF FROM SANCTIONS
Appealing a decision concerning relief from sanctions is always an uphill struggle. This can be seen in the judgment of Mr Justice Zacaroli in Smith v Lloyd [2022] EWHC 2414 (Ch). This was an unsuccessful appeal against a decision to…
RELIEF FROM SANCTIONS APPLICATIONS: RE-VISITING THE BASICS: 10 POINTS TO IMPROVE THE ODDS:
It is now just over 8 years since the Denton decision. Cases in relation to relief from sanction are still being reported regularly. This is a good time to re-visit the advice given shortly after the case as to increasing…
WHAT A DIFFERENCE A DAY MAKES: RELIEF FROM SANCTIONS REFUSED WHEN PARTICULARS OF CLAIM WERE SERVED ONE DAY LATE
There were complicated factors involved in the judgment of Deputy Master Marsh in Croke & Anor v National Westminster Bank Plc & Ors [2022] EWHC 1367 (Ch), however the action failed because the claimant was one day late in serving…