Blog - Friday 30 August 2013

Relief From Sanctions 

Another day, another mixed message from the judiciary.

I must temper my cynicism with the following: I am breaking my own golden rule “never cite a case you haven’t read at least 3 times”.

In the Lawtel Report of Rayyan Al Iraq Co Ltd v Trans Victory Marine Inc Mr Justice Andrew Smith found that an oversight led to the Claimant serving its Particulars of Claim two days after the expiry of the 28 days allowed by the CPR.

Most interestingly, Smith J said (see above warning that this is second hand at present) the checklist which appeared at the Pre 01.04.13 CPR 3.9 was still of relevance and should still be addressed.  A full digest of the Lawtel report can be found at Litigation Futures:

http://www.litigationfutures.com/news/high-court-ruling-clouds-tough-line-relief-sanctions 

I must admit, consistency was always going to be impossible at first instance.  I have a case in 2 weeks time where the paying party is attempting to set aside a £1m Default Costs Certificate (DCC).  Whoever loses at first instance where the potential gain/loss is so significant, is always likely to appeal.

Its what the 5 horseman of the apocalypse (Court of Appeal Judges hearing all ‘Jackson related’ appeals) – aka ‘The Jackson Five’ = Jackson, Dyson, Lewison, Richards and Davis – how they rule on the first appeal to reach them, that’s going to be interesting reading.