0370 270 6000

R.C. Residuals Limited v Linton Fuel Oils Limited, Court of Appeal

27 May 2002
The issues

Unless Orders – delay – relief from sanctions.

The facts

Lord Justice Kay delivered guidelines for the manner in which a Judge should grant relief from sanctions imposed for failure to comply with an Unless Order. He noted that it was important for the Judge to consider systematically the matters listed in Rule 3.9(i) ie:-

The interests of the Administration of Justice;

1. The promptness or otherwise of the Application for relief;

2. Whether the failure to comply was intentional;

3. Whether there was good explanation for the failure;

4. The extent to which the defaulting party has otherwise complied, including compliance with Pre-Action Protocol;

5. Whether the failure was caused by the party or his Legal Representative;

6. Whether the Trial date could still be met if relief was granted;

7. The effect of failure to comply on each party;

8. The effect which the granting of relief would have on each party.

These were matters of equal weight. Practitioners and parties had to realise speedily that compliance with an Unless Order should be as soon as possible and not on the last day. Equally, compliance on the day meant by 4.00 pm and not later, even minutes later.

Interestingly, Lord Justice Brooke in agreeing, commented that where in an emergency, service by e-mail was refused by the party to be served – as it had a strict right to do – that party might have difficulty in resisting an Application for relief from sanctions by a defaulting party.

Focus on...

Press releases

Browne Jacobson wins Inclusion & Diversity Award at the National Insurance Awards 2022

Insurance law firm Browne Jacobson has won the Inclusion & Diversity Award at the National Insurance Awards 2022. The National Insurance Awards are judged by an independent panel of experts and celebrate excellence in the sector by highlighting the very best in general insurance provision and management.

View

Blogs

Payment Fraud landscape shaped by technology in 2021

Payment systems across Europe are under increased pressure to mitigate fraud risks and defend against persistent attacks from enablers using ever more sophisticated and malicious viruses and malware.

View

Legal updates

Gosden and another v Halliwell Landau and another [2021] EWHC 159 (Comm)

This claim addressed the question, of when the date for assessment of damages in cases of negligence should be determined and shows that when appropriate the Courts will depart from the default position.

View

Legal updates

Assessing the scope of employers liability – Chell v Tarmac

These were the opening remarks of Mr Justice Martin Spencer when handing down his Judgment in the recent case of Andrew Chell v Tarmac Cement and Lime Limited [2020] EWHC 2613, the latest in a series of appeals dealing with the scope of vicarious liability.

View

The content on this page is provided for the purposes of general interest and information. It contains only brief summaries of aspects of the subject matter and does not provide comprehensive statements of the law. It does not constitute legal advice and does not provide a substitute for it.

Mailing list sign up

Select which mailings you would like to receive from us.

Sign up