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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

Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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