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Jackson in Action: case law

In our regular monthly round up of cases we look at the effects of the changes to the Civil Procedure Rules under the Jackson Reforms.

We thank Gordon Exall of Zenith Chambers for drawing our attention to the following case:

Relief from sanctions/late service of witness statement and documents: In Anstalt v MIR Steel UK Ltd, Mrs Justice Asplin DBE sitting in the Chancery Court, granted a party leave to rely upon documents served late, but leave was not granted to rely upon witness statements served late. Applying the test in Denton, Asplin J concluded that there was no good reason why the witness statement had not been served earlier, but in respect of the documents, the justice of the case and the need to conduct the litigation efficiently meant that they could be relied upon.

Setting judgment aside/similar test to Mitchell and Denton: In Hockley v North Lincolnshire & Goole NHS Foundation Trust (2014) Judge Jeremy Richardson QC considered an appeal from a decision to set aside default judgment. His Honour held that, whilst applications to set aside are made under CPR r.13.3, the considerations were similar to an application for relief from sanctions under CPR r.3.9 and the tests set out in Mitchell and Denton were just as relevant to applications to set judgment aside. His Honour granted the appeal and reinstated the judgment on the basis that there were no good reasons to set the judgment aside.

For further information please contact Marcus Davies, Professional Support Lawyer on 0161 603 5146.

By Marcus Davies

This information is intended as a general discussion surrounding the topics covered and is for guidance purposes only. It does not constitute legal advice and should not be regarded as a substitute for taking legal advice. DWF is not responsible for any activity undertaken based on this information.

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