New test devised for assessing relief from court sanctions
The courts have adopted a new test to assess applications for relief from sanctions, which demonstrates a more reasonable approach than used recently. However, it remains important to ensure compliance.
During litigation, courts often impose sanctions upon parties when they fail to comply with court rules, orders or deadlines, and in recent months (following the case of Mitchell) the application of this has become extremely strict. A party may apply to court to be relieved from a sanction if one has been imposed, but courts have been very reluctant to grant relief except for where extraordinary circumstances have led to the party’s failure of compliance.
The Court of Appeal has now devised a three-stage test that courts will use when considering whether to grant an application for relief from a sanction…
Click on the link below to read the rest of the Eversheds briefing.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from Eversheds
News from The Lawyer
Analysis from The Lawyer
Eversheds is no stranger to an international tie-up but now it’s in the market for the jewel in its global crown
Which firms are cutting it in this era of slimline rosters, and who are the GC new brooms making clean sweeps? The Lawyer can reveal all