Wragge Lawrence Graham & Co

UK 200 2013 position: 25

New guidance on applications for relief from sanctions

By Clark Sargent

The Court of Appeal has given further guidance, in the conjoined appeals in Denton v TH White Ltd and other cases, on how relief from sanctions applications under CPR 3.9 should be dealt with following that previously given in the Mitchell decision.

The Court of Appeal, consisting of the Master of Rolls, Vos LJ and Jackson LJ, held that an application for relief should be addressed in three stages. Judges should: identify and assess the seriousness and significance of the ‘failure to comply with any rule, practice direction or court order’ that engages CPR 3.9(1); consider why the default occurred; and evaluate ‘all the circumstances of the case to enable the court to deal justly with the application including the need (a) for litigation to be conducted efficiently and at proportionate cost (CPR 3.9[1][a]) and (b) to enforce compliance with rules, practice directions and orders (CPR 3.9[1][b])’…

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Analysis from The Lawyer

  • Paul Wilson

    Regional: attempted merger

    Alliances, failed and successful, are the story of the year outside London

  • Belinda Bradberry

    Interior designs

    Polish up your retention policy - private practice lawyers are increasingly eyeing in-house roles

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Overview

55 Colmore Row
Birmingham
B3 2AS
UK
http://www.wragge-law.com/

Turnover (£m): 120.50
No. of Lawyers: 458