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

Insolvency applicants: getting the basics right

A number of interesting developments have emerged from what was quite a run-of-the-mill insolvency application brought by a litigation funder assignee.

View blog

School not liable for reckless actions of a student

The decision reinforces that the standard of the duty of care owed by schools is one or reasonableness.

View blog

Moratoriums

The new Part A1 moratorium was introduced partly in response to the Covid-19 pandemic and its impact on businesses. The moratorium is not intended to be used to simply delay the inevitable insolvency of a company, but rather to allow breathing space for that company to restructure and/or achieve an effective rescue.

View blog

Covid-19 insolvency measures extension

From 26 March 2021 the Corporate Insolvency and Governance Act 2020 (Coronavirus) (Extension of the Relevant Period) Regulations 2021 will come into force with the effect of extending several of the temporary measures brought in by the Corporate Insolvency and Governance Act 2020 (CIGA).

View blog

Mailing list sign up

Select which mailings you would like to receive from us.

Sign up