‘Ashley Cukier considers the decision in McTear and another v Engelhard and others [2016] EWCA Civ 487, the successful appeal of a first instance judgment handed down after Mitchell but before Denton.’
Littleton Chambers, 9th July 2016
Source: www.littletonchambers.com
‘A party’s failure to provide a properly paginated bundle to the High Court has led to the adjournment of key parts of its application for summary judgment and a costs order.’
Litigation Futures, 14th June 2016
Source: www.litigationfutures.com
‘Benefit sanctions are “devastating” for claimants and can lead to destitution, crime, suicide, and throw up barriers to employment, a wide-ranging report probing the effects of removing payments from Salford’s residents has claimed.’
The Independent, 25th May 2016
Source: www.independent.co.uk
‘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.’
The Independent, 4th May 2016
Source: www.independent.co.uk
‘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”.’
Litigation Futures, 10th March 2016
Source: www.litigationfutures.com
‘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.’
The Guardian, 18th February 2016
Source: www.guardian.co.uk
‘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.’
Local Government Lawyer, 17 February 2016
Source: www.localgovernmentlawyer.co.uk
‘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.’
Radcliffe Chambers, 7th January 2016
Source: www.radcliffechambers.com
‘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.’
Litigation Futures, 17th December 2015
Source: www.litigationfutures.com
‘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.’
Litigation Futures, 13th October 2015
Source: www.litigationfutures.com
‘The government is to introduce new rules to stop “politically-motivated” boycotts by local councils.’
BBC News, 3rd October 2015
Source: www.bbc.co.uk
‘Councils and local authorities are to be blocked from boycotting Israeli products or pursuing other foreign policy goals that conflict with the government.’
The Guardian, 3rd October 2015
Source: www.guardian.co.uk
‘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.’
The Guardian, 7th August 2015
Source: www.guardian.co.uk
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
‘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.’
Zenith PI Blog, 8th June 0215
Source: www.zenithpi.wordpress.com
‘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.’
Nearly Legal, 24th March 2015
Source: www.nearlylegal.co.uk
‘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.’
Litigation Futures, 18th March 2015
Source: www.litigationfutures.com
‘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.’
Halsbury’s Law Exchange, 27th January 2015
Source: www.halsburyslawexchange.co.uk
‘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.’
Litigation Futures, 28th January 2015
Source: www.litigationfutures.com
‘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.’
Zenith PI Blog, 15th December 2014
Source: www.zenithpi.wordpress.com
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