WITNESS STATEMENTS SERVED LATE: THE COURT GRANTED RELIEF FROM SANCTIONS – BUT… : BE WARY OF MISSING THINGS WHEN OTHER THINGS ARE GOING ON…
Here we have a case where both parties failed to comply with a direction to file witness statements by a certain date. The court granted relief from sanctions, and it is easy to see why. However it is case that…
SETTING ASIDE DEFAULT JUDGMENT: THE RELEVANCE OF DELAY AND THE DENTON PRINCIPLES CONSIDERED IN THE HIGH COURT
For many years now we have been looking at the interaction between an application to set aside a default judgment and the “Denton” criteria. Here we look at another case where the court considered relief from sanctions in this context. …
BACK TO BASICS MONDAY: THE IMPORTANCE OF SERVING THE PARTICULARS OF CLAIM WITHIN THE TIME FOR SERVICE OF THE CLAIM FORM: THE “BEAR TRAP” IN WAITING
The back to basics point today is based on a recent case which shows the importance of serving the particulars of claim within the four month period allowed for service of the claim form. The claimant served the particulars three…
RELIEF FROM SANCTIONS REFUSED AFTER CLAIMANT FAILS TO COMPLY WITH PEREMPTORY ORDER FOR DISCLOSURE: “THE CONSEQUENCE IS THAT THE PROCEEDINGS ARE STRUCK OUT”
Here we look at the “second half” of the decision considered in the previous post. Having rejected the claimant’s submissions that breaches of a peremptory order should be considered under CPR 3.10 the judge then went on to consider the…
THE SECRETARY OF STATE REQUIRED RELIEF FROM SANCTIONS: “AN APPALLING MANIFESTATION OF A LAX CULTURE OF NON-COMPLIANCE”
For (at least) the third time in recent weeks we are considering defaults or mistakes made on behalf of a Secretary of State. The delays and mistakes here were manifold. The Secretary of State was fortunate in obtaining an extension…
WHEN THE CLAIMANT IS A SOLICITOR’S FIRM AND THE PROGRESS OF THE CLAIM “HINDERED BY A SERIES OF PROCEDURAL BREACHES”: NOT A GREAT START TO THE CASE
It is a poor start to a solicitor’s application for judicial review of the Legal Ombudsman when the firm itself has failed to comply with rules and directions. We have such a case here. The claimant firm applied for judicial…
RELIEF FROM SANCTIONS DENIED AFTER A PATTERN OF DEFAULT DELAY AND EXCUSES: TO BREACH ONE UNLESS ORDER MAY BE REGARDED AS MISFORTUNE, TO BREACH TWO LOOKS LIKE …
Staying with the theme this week of the making and breaching of peremptory orders alongside applications for relief from sanctions, we are considering what, on any view, as an “ambitious” application for relief from sanctions. The defendant here had breached…
RELIEF FROM SANCTIONS REFUSED : WHEN NON-COMPLIANCE ALMOST APPEARS TO BE A LITIGATION STRATEGY: HAVING A BONA FIDE CLAIM DOES NOT GIVE YOU A FREE PASS
Here we have a case where the Court of Appeal considered the Denton principles in some detail. The judgment provides a useful reminder of some basic principles. Firstly that a litigant seeking relief from sanctions cannot complain about the original…
AVOIDING THE PITFALLS: PROCEDURAL DEFAULT, SANCTIONS AND OTHER ISSUES THAT CAUSE ACTIONS TO FAIL: WEBINAR 6th FEBRUARY 2026: REMEMBER WE LOOK AT THESE PROBLEMS TO TRY TO MAKE SURE YOU DON’T HAVE THEM
The next webinar in the “Avoiding the Pitfalls” series is a 90 minute long webinar on the 6th February 2026. The webinar examines the most common procedural problems and practical difficulties that arise in civil litigation. It explores where and…
DEFENDANT REFUSED RELIEF FROM SANCTIONS WHEN COSTS BUDGET WAS SERVED THE DAY BEFORE THE CCMC: “THIS IS HIGH COURT LITIGATION WHICH IS SUBJECT TO RULES WHICH MUST BE COMPLIED WITH”
Here we see another litigant coming to grief because of a failure to file a costs budget on time. The litigant had been warned of the consequences and the judge found that there was no good reason for the breach. …
THROWBACK FRIDAY: APPLICATIONS FOR RELIEF FROM SANCTIONS: 10 POINTS TO IMPROVE THE ODDS: LOOKING BACK TO JANUARY 2016
This blog celebrates its 13th birthday later this year. Civil Litigation Brief started as a series in the Solicitors Journal 35 years ago. Needless to say it has a large “back catalogue”. I wanted a regular opportunity to bring important…
WITNESS EVIDENCE WEDNESDAY: SPECIAL TWIXMAS EDITION: RELIEF FROM SANCTIONS WHEN STATEMENTS SERVED LATE: CLAIMANT ALLOWED TO RELY ON PARTICULARS OF CLAIM AS EVIDENCE
The last Witness Evidence Wednesday of the year deals with an unusual case relating to relief from sanctions following a failure to serve witness evidence timeously. The judge at first instance had refused the claimant’s application for relief from sanctions. …
WITNESS EVIDENCE WEDNESDAY: DEFENDANT REFUSED PERMISSION TO RELY ON EVIDENCE SERVED (VERY LATE): “THE TIME IS NOW”
We have seen examples of witness evidence served late, sometimes very late. Here we see an example of witness evidence served five minutes before a hearing was due to start, and two months late. Further that evidence attempted to disavow…
APPEAL STRUCK OUT BECAUSE OF APPELLANTS’ FAILURE TO FILE A COMPLIANT BUNDLE: RELIEF FROM SANCTIONS REFUSED
All those involved in the appeal process, indeed litigation generally, are best advised to read this judgment. It is about the standard the court’s expect when an appeal is being brought. It is also about procedural failures and failures to…
DEFENCES STRUCK OUT BECAUSE OF A FAILURE TO COMPLY WITH PEREMPTORY ORDER FOR DISCLOSURE: SHOULD RELIEF FROM SANCTIONS BE GRANTED?
Here we look at a case where the defendants failed to comply with a peremptory order for disclosure. The defences stood struck out. The issue the judge had to determine was whether relief from sanctions should be granted. This in…
COST BITES 303: THE SOLICITOR CANNOT PASS ON RESPONSIBILITY FOR A DEFECTIVE BILL TO THE COSTS LAWYER: A 75% REDUCTION BECAUSE OF THE WAY IN WHICH THE BILL WAS DRAFTED
Here we are looking at a case involving a bill of costs that was wholly defective that the costs judge was invited to strike it out. The judge came very close, but reduced the bill by 75% instead. There…
HIGH COURT REFUSES RELIEF FROM SANCTIONS WHEN SKELETON ARGUMENT WAS SERVED LATE: BREACHES OF EVEN A DAY OR TWO SHOULD NOT BE REGARDED WITH EQUANIMITY
If a skeleton argument is served late then relief from sanctions is required. The case we are looking at here makes it clear that it is prudent to make a formal application rather than assume relief will be granted “on…
WHEN A RESPONDENT’S NOTICE IS REALLY A CROSS-APPEAL: SHOULD THE COURT GRANT AN EXTENSION OF TIME TO ALLOW THE “APPEAL” TO BE ARGUED?
Sometimes a respondent’s notice is really a cross-appeal attempting to disguise itself. We are looking at such a case here. The “respondent’s notice” was served late, and permission was given to serve it. However on closer examination at the appeal…
SHOULD THE COURT GIVE ADEFENDANT PERMISSION TO RELY ON WITNESS STATEMENT THAT WAS SENT “EARLY” BUT NOT SERVED AS A TRIAL WITNESS STATEMENT?
We are looking at an application to rely on a witness statement that was served “late”. The statement had, in fact, been served on the claimants ahead of the deadline but not served as a witness statement for trial. When…
SERVICE POINTS 12: ANOTHER CLAIMANT COMES TO GRIEF IN THE COURT OF APPEAL: CPR 7.6 APPLIED AND NOT 3.9 (THE CLAIMANT COULD HAVE GOOGLED THIS)
Here we look at another case where a claimant has come to grief because of a failure to serve the claim form. The ingenious arguments that he should have relief from sanctions were successful at first instance, but were rejected…
APPLYING TO SET ASIDE A DEFAULT JUDGMENT: WHAT IS MEANT BY “PROMPT”? THE ISSUES CONSIDERED IN DETAIL BY THE HIGH COURT
When a court considers setting aside a regular default judgment it must have regard to whether the application was made “promptly”. There is a consideration of that issue in the case we consider here. There had been some delay in…
APPEAL COURT UPHOLDS DECISION NOT TO ALLOW DEFENDANT TO RELY ON DOCUMENTS PRODUCED FOR THE FIRST TIME AT TRIAL: DENTON CONSIDERED AND APPLIED
We are looking at a decision newly arrived on BAILII in relation to disclosure and relief from sanctions. A defendant brought (potentially significant) documents to trial which had never been disclosed before. The trial judge did not permit the defendant…
WHAT TO DO WHEN THINGS GO WRONG IN LITIGATION 2025: WEBINAR 4th AUGUST 2025
One of the most aggravating things to read about in the legal press are those cases where people get into serious disciplinary trouble after having made a procedural or other mistake. It is not the mistake that has caused their…
COURT REFUSES TO GRANT A DEFENDANT RELIEF FROM SANCTIONS WHEN AN ACKNOWLEDGMENT OF SERVICE WAS FILED (VERY) LATE: ALSO REJECTS “BRAVE” SUBMISSION THAT THIS WAS A “TECHNICAL” BREACH
There are dozens, possibly hundreds, of posts on this site about the application of the Denton criteria and relief from sanctions. We have another case here. A defendant applied for relief from sanctions when the acknowledgment of service was filed…
THE CURRENT IMPORTANCE OF PLEADINGS 22: WHOLE BATCHES OF CASES STRUCK OUT BECAUSE THE PARTICULARS WERE DEFICIENT: RELIEF FROM SANCTIONS REFUSED
Here we are looking at a case where numerous actions brought by the claimant were struck out because the Particulars of Claim were wholly deficient. They remained wholly deficient even after the court had made a peremptory order compelling the…
CLAIMANT GRANTED RELIEF FROM SANCTIONS (ON APPEAL) FOLLOWING LATE SERVICE OF A COSTS BUDGET (TWO YEARS AND FIVE MONTHS LATE…): BUT AT A COST…
Cases relating to late service of the costs budget are still filtering through. Rarely, however, does the failure extend over 2 years and 4 months as it does here. Despite the delay the claimant’s successfully appealed against the initial refusal…
THE JUDGE’S DECISION TO GRANT RELIEF FROM SANCTIONS TO A DEFENDANT WAS APPROPRIATE: SOME WORDS AS TO HOW PEREMPTORY ORDERS SHOULD BE DRAFTED.
Today we are looking at a case where the Court of Appeal upheld a decision granting a defendant relief from sanctions. However this is a case of “two halves” in that the claimant had a more favourable decision in relation…
DEFENDANT GRANTED AN EXTENSION OF TIME TO FILE A DEFENCE : “I AM IN NO DOUBT THAT I SHOULD GRANT THE RETROSPECTIVE APPLICATION OF OF ONE DAY…”
In Ahmad v Comptroller-General of Patents, Designs and Trade Marks [2025] EWHC 936 (Pat) Mr Justice Mellor granted the defendant an extension of one day to file a defence, this had the effect of making the defendant’s applications to strike…
RELIEF FROM SANCTIONS AFTER BREACHING A PEREMPTORY ORDER AND FAILING TO PLEAD A CASE PROPERLY: CLAIMANT ALLOWED TO CONTINUE (IN PART)
We are looking again at the judgment in Michele Carrington v American International Group UK Limited [2025] EWHC 1010 (TCC). This time in relation to the issue of relief from sanctions. The claimant had failed to comply with a peremptory order to…
£1 MILLION CASE AUTOMATICALLY STRUCK OUT: RELIEF FROM SANCTIONS REFUSED: THE FACT THAT THIS WAS A “ROGUE SOLICITOR” WAS NOT A STRONG ARGUMENT IN FAVOUR OF REINSTATEMENT
The judgment of HHJ Hassall in Mr Martyn Ian Haynes v Total Plant Hire Limited is available as a link on an article in the Law Society Gazette, available here. The case involves a detailed consideration of the Denton criteria. In particular some of the arguments on…
THE DENTON PRINCIPLES: RELIEF FROM SANCTIONS AND EXTENSIONS OF TIME TO APPEAL: A “NUANCED APPROACH” IS REQUIRED
In Yaxley-Lennon v HM Solicitor General [2025] EWCA Civ 476 the Court of Appeal considered the Denton principles in the context of extending time for permission to appeal. The case emphasises that the absence of a good reason for default…
COURT WAS CORRECT TO REFUSE TO GRANT RELIEF FROM SANCTIONS WHO WAS IN DEFAULT (OH, AND THE PROCEEDINGS HAD NEVER BEEN SERVED PROPERLY ANYWAY…)
In Lumsden v Charles [2025] EWCC 7 HHJ Peter Marquand refused a claimant’s application for relief from sanctions. The claimant had issued Part 8 proceedings but failed to serve the witness evidence and particulars with the proceedings by the rules. …
DENTON DID NOT APPLY TO THE DEFENDANT’S APPLICATION FOR AN EXTENSION OF TIME: HOWEVER – CONSIDERING THE OVERRIDING OBJECTIVE – THE APPLICATION WAS REFUSED
In Bailey & Ors v GlaxoSmithKline UK Ltd [2025] EWHC 186 (KB) Mr Justice Bourne considered whether the defendant should have an extension of time. The judge considered whether the “Denton” principles apply to the defendant’s application and if not…
MAKING AN APPLICATION FOR RELIEF FROM SANCTIONS? 10 KEY POINTS TO HELP
Periodically I revisit posts on this blog to see whether they remain of relevance – this post (from January 2016) does. It sets out ten key points in making an application for relief from sanctions. Every point made nine years…
CASE STRUCK OUT FOR FAILURE TO COMPLY WITH UNLESS ORDER: APPLICATION TO ADJOURN TO ALLOW RELIEF FROM SANCTIONS APPLICATION REFUSED: DENTON CRITERIA CONSIDERED
In Gladwin v RSM UK Restructuring Advisory LLP [2024] EWHC 3054 (Ch) ICC Judge Barber held that the claimant’s case was struck out because of a failure to comply with a peremptory order. The judge refused the claimant’s application to…
COURT ALLOWS LATE WITNESS STATEMENT TO BE RELIED UPON: DENTON CRITERIA CONSIDERED
In Titan Wealth Holdings Ltd & Ors v Okunola (Rev1) [2024] EWHC 2586 (KB) Mrs Justice Hill considered the Denton criteria when granting the claimant permission to rely on a witness statement served out of time. There was a good…
RELIEF FROM SANCTIONS, LATE WITNESS STATEMENTS AND THE “WEIGHT” (OR ABSENCE OF WEIGHT) TO BE GIVEN TO THOSE STATEMENTS
In Oliver v Duffy [2024] EWHC 2590 Mrs Justice Hill considered an application for relief from sanction in a case where witnesses had not attended trial. The judge granted relief from sanctions but went on to hold that those statements…
ENTERING JUDGMENT IN DEFAULT: NO DUTY ON THE PARTIES TO HELP EACH OTHER: THE IMPORTANCE OF KNOWING THE RULES
There are some interesting observations in the judgment of HHJ Cadwallader (sitting as a Judge of the High Court) in Thiscompany Ltd & Ors v Welsh & Ors [2024] EWHC 2159 (Comm). It was a case where three of the…
THE AUTOMATIC STAY UNDER CPR 15.11 AND RELIEF FROM SANCTIONS: A CASE IN POINT
In Michael Wilson & Partners, Ltd v Short [2024] EWHC 2113 (Ch) Master Clark granted the claimant relief from sanctions in a case that had become automatically stayed under CPR 15.11. This case serves as a reminder, if nothing else,…
RELIEF FROM SANCTIONS REFUSED WHEN WITNESS EVIDENCE SERVED THREE WEEKS LATE: SOMETHING ABOUT THE DANGERS OF “CUT AND PASTE” SUBMISSIONS TOO…
In Seaton Management Ltd v Evans-Jones [2024] EWHC 1883 (Ch) ICC Judge Barber refused the respondent’s application for relief from sanctions when a witness statement was served three weeks late. “The matters addressed in the Respondent’s skeleton argument on…
DEFENDANT DID NOT ATTEND TRIAL: APPLICATION FOR REMOTE HEARING NOT ALLOWED: JUDGMENT ENTERED: DEFENDANT’S APPEAL UNSUCESSFUL
In Sobowale v Lendinvest Capital SARL [2024] EWHC 1829 (Ch) Nicola Rushton KC (sitting as a High Court Judge) dismissed a defendant’s appeal against judgment being entered against him when he failed to attend a trial. “There was no…
RESPONDENT GRANTED RELIEF FROM SANCTIONS WHEN WITNESS EVIDENCE WAS SERVED LATE: TO SHUT IT OUT FROM PRESENTING ITS BEST EVIDENCE WOULD BE “WHOLLY UNJUST AND DISPROPORTIONATE”
In Tanfield & Anor v Meadowbrook Montessori Ltd [2024] EWHC 1759 (Ch) ICC Judge Barber allowed a respondent’s application for relief from sanctions when witness evidence was served late. The Denton test was considered and, although the respondent could not…
SERVICE OF THE CLAIM FORM: SETTING JUDGMENT ASIDE; JURISDICTION; DELAY AND DENTON – QUITE A LOT IN ONE CASE
There are a lot of issues in the judgment of Master Sullivan in Tradin Organic Agriculture BV v Gold Grain Gida Tarim Urunleri Sanayi Ve Ticaret Anonim Sirketi [2024] EWHC 1562 (KB). Firstly whether the mixing up of pages in…
“CIVIL LITIGATION IN THE MODERN ERA REQUIRES THE PARTIES TO BEHAVE REASONABLY”, PARTY PENALISED IN COSTS FOR NOT AGREEING TO AN EXTENSION OF TIME
In Invenia Technical Computing Corporation & Anor v Hudson [2024] EWHC 1481 (KB) Mr Justice Knowles held that a party that had refused a reasonable request for an extension of time should pay the costs of that application. “……
CLAIMANT REFUSED RELIEF FROM SANCTIONS IN SERVING NOTICE OF NON-ADMISSION OF AUTHENTICITY OF DOCUMENTS: THE APPLICATION WAS LATE, AND THE ARGUMENT WAS HOPELESS
In Invest Bank PSC v El-Husseini & Ors [2024] EWHC 1804 (Comm) Mr Justice Calver refused the claimant bank’s application for relief from sanctions when it served a notice of a notice to prove the authenticity of a document. The…
SECRETARY OF STATE REFUSED PERMISSION TO RELY ON A WITNESS STATEMENT THAT WAS SERVED LATE
In One Trees Estates Ltd, R (On the Application Of) v Secretary of State for the Home Department [2024] EWHC 1644 (Admin) Margaret Obi, sitting as a Deputy High Court Judge, refused the Secretary of State’s application for permission to…
SERVICE OF THE CLAIM FORM – ERRORS AND PROBLEMS 3: AN ATTEMPT TO OBTAIN “RELIEF FROM SANCTIONS” IS FUTILE
NB AN APPEAL WAS ALLOWED IN THIS CASE SEE Bellway Homes Ltd v The Occupiers of Samuel Garside House [2025] EWCA Civ 1347 This is the third time (and not the last time) we are looking at the judgment of Occupiers of…
DEFENDANT’S APPLICATION FOR RELIEF FROM SANCTIONS REFUSED: AN APPLICATION TO DISPUTE JURISDICTION SHOULD BE DONE PROMPTLY
In Ibrahim v AXA Belgium [2024] EWHC 856 (KB) Master Fontaine refused the defendant’s application for an extension of time to dispute the jurisdiction. The defendant should have applied within 14 days of acknowledging service, it took 30. The defendant’s…
THE DANGERS OF RUNNING UP TO DEADLINES AND LEAVING MATTERS LATE FOR COMPLIANCE: DEFENDANT HAD FAILED TO FILE WITH COURT ORDERS: REFUSAL TO GRANT RELIEF FROM SANCTIONS UPHELD ON APPEAL
The judgment of Mr Justice Ritchie in Jaiyesimi v Kukoyi [2024] EWHC 164 (KB) has many important lessons for litigators. Firstly the need for the fee to be paid in order that an application is properly made. Secondly the dangers…
PROCEDURE, DAMAGES, LIABILITY, COSTS AND LIMITATION: A SERIES OF WEBINARS THIS YEAR AIMING TO HELP AVOID OR DEAL WITH PROBLEMS IN LITIGATION
The issues arising from many of the cases looked at on this blog are being considered in a series of webinars starting later this month. The webinars cover many of the problem areas of litigation: what to do when things…
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