Up until March last year, the case law applying the new relief from sanctions regime in the context of applications to set aside default judgment was not always consistent or predictable. Samara v MBI & Partners UK Ltd brought welcome clarity to the question of whether CPR 3.9 applies to applications under CPR 13.3. Silber J was not hesitant in concluding that it does. Continue reading
When returns on investment in traditional markets are at an all time low, capital (especially private capital) seeks better returns elsewhere. Pensioners cash in their pensions and dive into the buy-to-let market (their children need to worry about their inheritances if/when that bubble bursts), while more adventurous investors see litigation as a money spinner. Continue reading
The recent judgment of HHJ Pelling in the case of Smailes v McNally, in which he dismissed an application for relief from sanction, is the final chapter in a long running saga of a case which has, since June 2012, been solely about compliance with orders for disclosure. This judgment has brought into sharp focus the problems of conducting large hard copy disclosure exercises and, in particular, the characteristics of compliance with CPR 31 in the context of the “new” disclosure tools, which have become mainstays in the litigation world. Continue reading