Thevarajah v Riordan [2014] EWCA Civ 15; [2015] UKSC 78

Practice: Blessed relief

Ron Cheriyan reviews the approach of the courts to relief from sanctions over the last year The Jackson reforms, which came into force in April 2013, heralded a sea change in the conduct of litigation in England and Wales. The reforms were introduced in an attempt to overhaul the court’s then existing approach to case …

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CPR: No procedural hiding place – the Mitchell effect

Deirdre Goodwin discusses the changing litigation landscape ‘The landmark judgment in Mitchell, and those which have followed, definitively welcome civil practitioners to the brave new world of qualified justice where fairness and ‘conscience’ become secondary to awareness of the limitations of court resources and financial expediency.’ The Court of Appeal decision in Mitchell MP v …

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Practice: Shine a light?

Rustam Dubash and Clare Arthurs report on recent developments in relief from sanctions ‘The courts will no longer indulge parties if they fail to comply with their procedural obligations. Instead, the more robust approach to compliance and relief from sanctions is intended to ensure that justice can be done in the majority of cases’. Clarity …

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