Personal injury bulletin: Jackson/Mitchell Court of Appeal decision

Denton & Ors v TH White Ltd & Ors [2014] EWHC Civ 906
The Court of Appeal has recently handed down its judgment in a series of appeals arising out of applications for relief from sanctions. The appeals were all heard together so the court could attempt to bring some clarity to Mitchell and the approach to applications for relief from sanctions.

Denton v T H White Ltd
On 23 December 2013, HHJ Roderick Denyer QC granted the claimant’s application for leave to serve additional evidence, even though the 10-day trial fixed for January would have to be re-listed.

The claimant’s last statements were served in July 2011, the defendant in July and November 2012. The judge noted ‘newish’ matters had arisen because the claimant had made changes to the layout of the milking parlour that was subject to the claim; the claim was about the installation of this. The claimant knew for 12 months these changes may be required but failed to apply for directions or inform the defendant so they could inspect the parlour before the changes were made…

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