0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

Forgotten your password?

A consistent approach

11 October 2013

The recent decision by Swift J in Biffa Waste Services Ltd v Ali Dinler & Ors displays that the court is taking a consistent approach when it comes to non-compliance with court orders.

In this appeal from the county court, the respondent filed his witness statements 27 days after the due date and two hours within the second deadline but were not received by the court until the day before trial. The district judge decided to grant the respondents relief from sanctions.

The Jackson reforms and the CPR r.3.9 places great weight on court time and resources when considering non-compliance with court orders.

Swift J held that the judge failed to identify the principles to be applied in granting relief from sanctions, and reinforced the view from recent decisions that it is a balancing exercise between proportionality and the overriding objective.

There is a significant change in light of the Jackson reforms which suggests this consistent approach to strict compliance will continue in the future.

Related opinions

World Patient Safety Day 2021 - safe maternal and newborn care

Given the ongoing scrutiny of maternity services following publication of the Ockenden preliminary report in December 2020, it is timely that World Patient Safety Day on 17 September 2021 has a focus on safe maternal and newborn care.

View blog

Potential care home vaccination challenge

Time is rapidly running out for those who will fall within the mandatory vaccination requirements applying to care homes from 11 November 2021 and who remain unvaccinated from Covid-19.

View blog

Compulsory vaccinations in care homes

Care homes will need to take steps to assess the impact of these Regulations on their workforce.

View blog

Flexible working, childcare and indirect sex discrimination – important reminder

The courts have long recognised that, on a societal level, women bear a greater burden of childcare responsibilities than men which can make it more difficult for women to comply with employer requirements for flexible working (known as the ‘childcare disparity’).

View blog

Mailing list sign up

Select which mailings you would like to receive from us.

Sign up