header-logo header-logo

Getting it right by playing by the rules

14 March 2019 / Vijay Ganapathy
Issue: 7832 / Categories: Features , Personal injury , Procedure & practice
printer mail-detail

Vijay Ganapathy provides an update on the importance of procedure and practice in and out of court

  • Applying the three-stage test in Denton v White.
  • Should a defendant be allowed to rely on statistical life expectancy expert evidence?
  • Carey v Vauxhall Motors Limited—the first English court decision in a secondary exposure case.

So far this year we have seen the courts addressing a variety of issues. Starting with procedure, an issue that keeps coming back to the courts for consideration is the sanctions that ought to be applied when a party fails to comply with court orders, rules or practice directions.

Denton v TH White Ltd [2014] EWCA Civ 906, [2015] 1 All ER 880 sets out the three-stage test for considering when such a party should be granted relief from sanctions. This test requires consideration of the following: the ‘seriousness or significance’ of the breach; whether a ‘good reason’ has been demonstrated for this; and ‘all the circumstances of the case’, which in

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
back-to-top-scroll