Litigation Notes
Tag: relief from sanctions
Showing 24 out of 44 results
Recent decision suggests sanctions should only rarely be implied into court rules and orders where not expressly stated
In a recent decision, the Chief Master found that an order requiring a defendant to make any application for strike out by a certain time did not contain …
Inadequate explanation, no relief: A reminder of the potential tough consequences of failing to comply with a court order
The High Court has refused an application for relief from sanctions in relation to a failure to comply with an unless order for the payment of costs …
Second action allowed to proceed where earlier action struck out for breach of unless order
In a recent decision, the High Court has considered the proper approach to be taken in a second action where a previous action bringing the same claim …
Parties should not "abuse" the court's tougher approach to relief from sanctions
The High Court has penalised a claimant in costs for requiring the defendant to apply for relief from sanctions, where the defendant had relied on a …
Recent decisions show continuing trend for tough approach to rule breaches
Recent months have seen a number of decisions in which the English courts, both at first instance and on appeal, have re-emphasised the message that …
Court of Appeal upholds order limiting recoverable costs to court fees where party failed to file costs budget
Lord Justice Jackson has delivered the leading judgment dismissing an appeal against imposition of the so-called "Mitchell" sanction where a party …
Two Court of Appeal decisions show continuing tough approach to procedural failings
In case we were all in danger of thinking the courts' approach to breaches of rules and court orders had relaxed nearly to pre-Jackson levels of …
Supreme Court decision confirms second attempt at relief from sanctions will be uphill battle
The Supreme Court has upheld the Court of Appeal's decision overturning the grant of a second application for relief from sanctions for failure to …
Court of Appeal underlines high hurdle to overturn decisions re strike out or relief from sanctions
The Court of Appeal has dismissed an appeal against a High Court decision refusing to strike out a claim for procedural failures even though, in the …
Relief from sanctions: how far has the pendulum swung back?
In recent months we have seen a number of decisions which show a greater willingness to grant relief from sanctions for breaches of rules and …
Party in breach of unless order for disclosure due to failures in OCR process
The High Court has held that claimant liquidators were in breach of an "unless order" for disclosure where the low quality of OCR copies of scanned …
Establishing "good reason" for breach of order following change of solicitors may require waiver of privilege
The High Court has extended a witness statement deadline, where a party was in breach of the previous timetable, but refused to vacate …
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