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28 September 2017  

Sarah McCann reports on a recent application for relief from sanctions

Much has been written about the court’s discretion to grant relief from sanctions pursuant to CPR 3.9 over recent years, due to the reformulation of the rule in April 2013 and the landmark Court of Appeal decision in Mitchell MP v News Group Newspapers Ltd [2013]. The strictness of the approach in Mitchell led to an outcry from academics and practitioners, but that has now been allayed by the Court of Appeal in Denton v TH White Ltd [2014].

Additional Info

  • Case(s) Referenced:

    Azure East Midlands Ltd v Manchester Airport Group Property Developments Ltd (Rev 1) [2014] EWHC 1644 (TCC)

    Denton & ors v TH White Ltd & ors [2014] EWCA Civ 906

    Lakhani & anor v Mahmud & ors [2017] EWHC 1713 (Ch)

    Mitchell MP v News Group Newspapers Ltd [2013] EWCA Civ 1537

    Mott & anor v Long & anor [2017] EWHC 2130 (TCC)

    Murray v BAE Systems plc (2016) unreported, Liverpool County Court, 17 February