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

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

COVID-19 child protection practice - four months in - lessons learned so far

In June 2020 the University of Birmingham published a research briefing exploring the impact of the COVID-19 pandemic on child protection practice.

View blog

“Caution” is now the watchword when it comes to directly awarding public sectors contracts

The judicial review proceedings brought by the Good Law Project against the Department of Health and Social Care in relation to the £108m contract the Department awarded for PPE in April are about to shine a light on Regulation 32(2)(c) of the Public Contracts Regulations 2015.

View blog

Can an application to postpone a hearing be refused?

This case highlights the importance of Claimants obtaining their own medical evidence in such matters especially when it is pivotal to their claim.

View blog

A landlord’s promise, a tenant’s power

When it comes to leases, most people believe that landlords hold most of the power. However, in relation to long residential leases, the tables may well have recently turned in one respect at least following a recent Supreme Court decision.

View blog

mailing list sign up



Select which mailings you would like to receive from us.

Sign up