Litigation Notes
Tag: relief from sanctions
Showing 36 out of 44 results
Court of Appeal decision underlines dangers of delay in filing notice of appeal
The Court of Appeal has confirmed that the courts will apply the same rigorous approach to a retrospective application to extend time for filing a …
UK Supreme Court: merits generally irrelevant to enforcement of case management directions
In a judgment given yesterday (26 November) the majority of the Supreme Court has expressed the view that the strength of a party's case on the …
Compliance with court rules and orders post-Denton: where are we now?
In its high-profile Mitchell decision last November, the Court of Appeal introduced tough new guidance on the court's …
Article published on recent clarification of Mitchell guidance on relief from sanctions
The Court of Appeal's decision in the high-profile Mitchell "plebgate" case last November introduced tough new guidance on the approach …
High Court considers relevance of Mitchell to late application to challenge jurisdiction
A deputy judge has held that deemed submission to the jurisdiction by failing to challenge jurisdiction on time is not a sanction, so no question of …
Upcoming webinar - Compliance with court rules and orders post-Mitchell: Guidance for in-house lawyers
On Wednesday 16 July 12.45 – 1.45pm BST Chris Bushell, Gregg Rowan and Maura McIntosh will deliver a webinar for Herbert Smith …
Court of Appeal softens Mitchell guidance but insists no return to old culture of non-compliance
The Court of Appeal has today allowed appeals against a trio of judgments which it said did not correctly apply the well-known Mitchell …
Court of Appeal to look again at Mitchell guidance on relief from sanctions
Over the past two days the Court of Appeal has heard three appeals against judgments seeking to apply the Mitchell guidance on the new test …
Jackson LJ confirms his reforms do not require courts to refuse reasonable extensions
In a judgment handed down yesterday, Lord Justice Jackson has taken the opportunity to clarify the effect of his reforms on extensions of time: Hallam …
One year from the "Big Bang": Assessing the impact of the Jackson reforms – A seminar with Mr Justice Ramsey
Herbert Smith Freehills held a client event on Tuesday 6 May to discuss how the Jackson reforms have affected commercial parties to date and what the …
High Court finds Mitchell guidelines do not apply to an in-time application to extend time
In yet another decision exploring the boundaries of the Court of Appeal's decision in Mitchell (see post), the High Court has held that the Mitchell …
Court of Appeal upholds grant of relief from sanction where no good reason for non-trivial breach
In a decision that has surprised many, the Court of Appeal has upheld a decision to grant relief from sanction for the late service of witness …
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