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26 February 2020 / Stephen Averill
Issue: 7876 / Categories: Features , Profession , Costs
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In default? Time to put your hand up

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Why are so many firms stumbling their way to failure when it comes to applications for relief? Stephen Averill provides some answers
  • Applications for relief, more than any other type of application, require the sympathy of the court.
  • The best way of getting that is via an honest approach where those who are in default hold their hands up and can demonstrate a clear effort to put things right.

If you haven’t recently had the misfortune to require a successful application for relief from sanctions, the chances are you know someone who has. Although we are several years into the Jackson reforms, and were reliably warned about a new culture of compliance with rules and deadlines, it seems strange to me that the courts are seeing as many applications for relief from sanctions as they ever have.

There are some straightforward explanations. This culture of compliance creates opportunity for parties who are perhaps now keener to exploit any failure by an opponent who

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NEWS
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Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
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A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
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