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22 April 2016
Issue: 7695 / Categories: Features , Civil way , Procedure & practice
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Civil way: 22 April 2016

Forgiveness is rationed; HMRC: Licence to plunder; Knives out for solicitors’ agents; & Family Rules OK!

HARD TIMES FOR DEFAULTERS

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Here’s a quote for you to relish and pull out at the least possible provocation. It is a quality quote because it fell from the lips of Vos LJ. “The court cannot ignore that insurers are professional litigants who can properly be held responsible for any blatant disregard of their own commercial interests.” It fell in the personal injury case of Gentry v Miller and another [2016] EWCA Civ 141, [2016] All ER (D) 107 (Mar) where the Court of Appeal reminded that the Denton test on sanction relief also applied to an application to set aside a default judgment. It additionally suggested that the very same test would apply to a CPR 39.3 application to set aside after a failure to attend.

In Gentry an assessment of damages at £75,000 with costs at £13,000 had followed a default judgment with neither the defendant driving tortfeaser nor his insurers participating. The insurers had previously

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MOVERS & SHAKERS

Penningtons Manches Cooper—Gary Walsh

Penningtons Manches Cooper—Gary Walsh

Marine finance partner strengthens Penningtons Manches Cooper's banking and finance practice

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

NEWS
The cross-party Justice Select Committee has warned legal aid is now a ‘service in managed decline’ due to ministers’ ‘inadequate’ and ‘disappointing’ response to its concerns
It would not be in the public interest to bring contempt proceedings against MI5 for providing unreliable evidence about its policy of ‘neither confirming nor denying’ someone worked for the intelligence services, the High Court has held
The Civil Justice Council has recommended a practice direction (PD) be drawn up to advise lawyers on the use of artificial intelligence (AI) in court documents
Courts modernisation champion and technology enthusiast Sir Geoffrey Vos has retired after an extraordinary career
Practitioners have welcomed two autumn budget reforms relating to inheritance tax on pensions
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