Israel boycott ban: Local councils face legal action at High Court over boycott on Israeli goods made in West Bank – The Independent

‘Local councils are facing legal action at the High Court today over their decisions to impose boycotts on Israeli goods produced in “illegal” Israeli settlements in the West Bank.’

Full story

The Independent, 4th May 2016

Source: www.independent.co.uk

Court of Appeal teaches insurer “harsh” lesson on relief from sanctions – Litigation Futures

Posted March 11th, 2016 in appeals, default judgments, delay, fraud, insurance, news, sanctions by tracey

‘An insurance company which was dilatory in dealing with a personal injury claim and only alleged fraud after default judgment had been entered has been refused relief from sanctions by the Court of Appeal in a decision it acknowledged may seem “harsh”.’

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Litigation Futures, 10th March 2016

Source: www.litigationfutures.com

EU court ruling on Iranian bank paves way for claims against UK – The Guardian

Posted February 19th, 2016 in banking, compensation, EC law, Iran, news, sanctions by sally

‘Bank Mellat, an Iranian firm whose assets were frozen due to alleged involvement in nuclear proliferation, has won a European Union court ruling paving the way for claims against the UK.’

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The Guardian, 18th February 2016

Source: www.guardian.co.uk

Ministers seek to stop procurement boycotts through new guidance – Local Government Lawyer

‘Public procurement should never be used as a tool to boycott tenders from suppliers based in other countries, “except where formal legal sanctions, embargoes and restrictions have been put in place by the UK Government”, ministers have said in new guidance.’

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Local Government Lawyer, 17 February 2016

Source: www.localgovernmentlawyer.co.uk

No relief from the Supreme Court – Radcliffe Chambers

‘The Supreme Court has held in Thevarajah v Riordan [2015] UKSC 78 that:
(1) a party who failed to obtain relief from sanctions for non compliance with an order
cannot make a second application for relief without demonstrating a material change
in circumstances; and
(2) belated compliance with an order does not, of itself, constitute a material change
in circumstances.’

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Radcliffe Chambers, 7th January 2016

Source: www.radcliffechambers.com

Supreme Court: no “material change” means no second application for relief from sanctions – Litigation Futures

‘Litigants are not entitled to make a second application for relief from sanctions unless there has been a “material change in circumstances”, the Supreme Court has ruled.’

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Litigation Futures, 17th December 2015

Source: www.litigationfutures.com

CA rejects law firm’s bid to reverse relief granted over funding notice failure – Litigation Futures

‘Mishcon de Reya has failed in its bid to overturn the grant of relief from sanctions made in favour of claimants who are suing the London law firm for professional negligence but failed to serve their funding notice in time.’

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Litigation Futures, 13th October 2015

Source: www.litigationfutures.com

Government to introduce rules to stop ‘political’ boycotts – BBC News

‘The government is to introduce new rules to stop “politically-motivated” boycotts by local councils.’

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BBC News, 3rd October 2015

Source: www.bbc.co.uk

‘Militant leftwing’ councils to be blocked from boycotting products – The Guardian

Posted October 5th, 2015 in Israel, local government, news, pensions, public procurement, sanctions, weapons by sally

‘Councils and local authorities are to be blocked from boycotting Israeli products or pursuing other foreign policy goals that conflict with the government.’

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The Guardian, 3rd October 2015

Source: www.guardian.co.uk

Watchdog asks DWP for ‘objective and impartial’ sanctions statements – The Guardian

Posted August 10th, 2015 in benefits, complaints, government departments, news, ombudsmen, sanctions, statistics by sally

‘The UK statistics watchdog has asked the Department for Work and Pensions to ensure its statements on jobseeker sanctions are “objective and impartial” following a series of complaints by leading experts.’

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The Guardian, 7th August 2015

Source: www.guardian.co.uk

R v R – WLR Daily

Posted July 30th, 2015 in appeals, EC law, financial provision, law reports, regulations, sanctions by sally

R v R [2015] EWCA Civ 796; [2015] WLR (D) 337

‘Neither article 9 of Council Regulation (EU) No 269/2014 nor regulation 10(2)(a) of the Ukraine (European Union Financial Sanctions) (No 2) Regulations 2014 were contravened by an order requiring a husband, who lived in Russia and who was subject to sanctions imposed by the EU Regulation, to pay interim maintenance into his former wife’s Russian bank account.’

WLR Daily, 24th July 2015

Source: www.iclr.co.uk

Relief from sanctions- Be sensible or be prepared to pay – Zenith PI Blog

Posted June 9th, 2015 in delay, news, sanctions, service, striking out by tracey

‘Viridor Waste Management Ltd v Veolia ES Ltd [2015] (unreported)
The Claimant was awarded costs on the indemnity basis when the Defendant had taken unreasonable advantage of the Claimant’s late service of its particulars of claim in the hope of obtaining a windfall strike-out when it was obvious that relief from sanctions was appropriate.’

Full story

Zenith PI Blog, 8th June 0215

Source: www.zenithpi.wordpress.com

Relief from sanctions for not turning up? – Nearly Legal

Posted March 25th, 2015 in appeals, civil procedure rules, landlord & tenant, news, nuisance, sanctions by sally

‘In Home Group v Matrejek [2015] EWHC 441 (QB), the High Court has applied Rule 3.9 of the Civil Procedure Rules and the guidance on applications for relief from sanctions in Denton v TH White Ltd [2014] EWCA Civ 906 (our note here) to a possession claim based on nuisance and anti-social behaviour.’

Full story

Nearly Legal, 24th March 2015

Source: www.nearlylegal.co.uk

High Court grants overworked law firm relief from sanctions – Litigation Futures

Posted March 18th, 2015 in delay, evidence, law firms, news, sanctions by sally

‘A High Court judge has granted relief from sanctions, after a law firm blamed pressure of work for late service of evidence in a Russian libel case.’

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Litigation Futures, 18th March 2015

Source: www.litigationfutures.com

Risks of refusing reasonable offers to settle in divorce cases – Halsbury’s Law Exchange

Posted January 29th, 2015 in appeals, costs, divorce, financial provision, news, sanctions by sally

‘The judgment in SR v RS demonstrates that parties cannot, in the face of reasonable offers to settle, continue to litigate matters indefinitely without the spectre of cost sanctions.’

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Halsbury’s Law Exchange, 27th January 2015

Source: www.halsburyslawexchange.co.uk

High Court sanctions claimant for failing to update budget – Litigtation Futures

Posted January 28th, 2015 in civil procedure rules, costs, delay, media, news, sanctions by tracey

‘A claimant’s failure to update his budget in advance of an unplanned preliminary hearing has led a High Court judge to rule that “every assumption” would be made against him in assessing the costs.’

Full story

Litigation Futures, 28th January 2015

Source: www.litigationfutures.com

Failure to file LQ – Relief from sanctions refused – Zenith PI Blog

Posted December 16th, 2014 in appeals, case management, civil procedure rules, documents, news, sanctions by tracey

‘British Gas Trading Ltd v Oak Cash & Carry Ltd [2014] EWHC 4058 (QB) 5th December 2014. Relief from sanctions refused where a failure to file the LQ in breach of an unless order led to the loss of the trial date. Although the Defendant applied for relief from sanctions, there was no for the default judgment to be set aside, and no evidence in support of such an application. In these circumstances, the court should not treat the application as though it had been made.’

Full story

Zenith PI Blog, 15th December 2014

Source: www.zenithpi.wordpress.com

Mitchell and Denton have “direct bearing” on strike-outs for non-compliance – Litigation Futures

Posted December 16th, 2014 in civil procedure rules, news, sanctions, striking out by tracey

‘The Mitchell principles, restated in Denton, have a “direct bearing” on whether courts should impose strike-outs for non-compliance, the Court of Appeal has ruled.’

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Litigation Futures, 16th December 2014

Source: www.litigationfutures.com

Judge quashes ‘generous interpretation’ of Mitchell – Law Society’s Gazette

Posted December 9th, 2014 in documents, news, sanctions, setting aside by sally

‘The High Court has overturned a judgment that granted leniency to a defendant who missed two deadlines for filing a document in a civil case.’

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Law Society’s Gazette, 8th December 2014

Source: www.lawgazette.co.uk

Relief From Sanctions – Part 2 – Applying in Time – Zenith PI Blog

Posted November 25th, 2014 in civil procedure rules, limitations, news, sanctions, time limits by sally

‘Mitchell [2014] 1 WLR 795 and Denton [2014] 1 WLR 3926 dealt with the situation of an application out of time, that is to say when the time had expired for performance of a step dictated by a rule or by practice direction or a court order had expired. But the further question arises, To what extent do the principles laid down there apply in the situation where one applies in time, that is to say before the expiry date? That is of great importance, because, if one is handling a case properly, it should become obvious, at least some days if not weeks in advance, that a particular time limit is not going to be able to be achieved. This may be for a variety of reasons, sometimes because of illness or – tell it not in Gath! – the delays of counsel. This matter was considered in depth fairly recently in Re Guidezone Ltd, Kaneria-v-Kaneria [2014] 1 WLR 3728, by Nugee J. In a full and careful judgment, the judge considered what was the position when an in-time application was made under CPR r.3.1(2)(a) for extension of time. He held that such an application was not an application for relief from sanctions, nor was it closely analogous to one. Therefore, Mitchell did not apply to it.’

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Zenith PI Blog, 25th November 2014

Source: www.zenithpi.wordpress.com