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13 February 2019 / Dominic Regan
Issue: 7828 / Categories: Features , Procedure & practice , Costs
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Dangerous liaisons

Dominic Regan provides an updated cut out & keep guide to surviving sanctions

Somewhere, somehow, someone is in default. Where a sanction applies, they are in deep trouble. The 2013 Jackson reforms were intended to promote compliance, and that is why the measures about default and relief were rewritten.

Nasty traps

The most common default is the failure to serve witness statements in time. They are ubiquitous. Not every case requires a budget or expert evidence, but written factual evidence is a necessity. The nasty trap with witness statements is found in the underlying rule, CPR 32.10. Failure to serve in time means that one cannot call the witnesses unless forgiveness is obtained. The court order may be expressed in anodyne terms; the sting is lurking every time in the rule.

Appreciate that it could get even worse. The sanctions decision to beware of is Gladwin v Bogescu [2017] EWHC 1287 (QB), [2017] All ER (D) 104 (Jun), where Turner J—someone plainly destined for elevation to the Court of Appeal—struck out a liability

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MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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