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14 August 2015
Issue: 7665 / Categories: Case law , Judicial line , In Court
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On the day

Is an oral application for relief from sanction permissible? For example, if a party has not made a written application for permission to rely on belatedly served factual evidence, how is the matter dealt with at trial otherwise than by way of oral application?

Yes. CPR 23.3(2) entitles the court to dispense with the requirement for an application notice but a party who intends to rely on this provision lives dangerously. They run the risk that the judge will refuse to hear the oral application if the other party has been taken by surprise by it or not had sufficient opportunity to consider it and the delay involved in affording that opportunity would delay the trial. The applicant is also at risk as to costs.

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MOVERS & SHAKERS

HFW—Nelson Wang

HFW—Nelson Wang

HFW strengthens global insurance practice and Greater China offering with London Partner hire

Burges Salmon—David McEwing

Burges Salmon—David McEwing

Burges Salmon boosts Energy and Utilities practice with appointment of David McEwing

Browne Jacobson—Alexander Studholme

Browne Jacobson—Alexander Studholme

Browne Jacobson adds international construction arbitration partner in London push

NEWS
A former senior judge has warned peers against scrapping juries for fraud and financial crimes, ahead of the Courts and Tribunals Bill’s second reading in the House of Lords this week
Civil practitioners face changes spanning debt recovery, workplace harassment and possession claims, alongside guidance on insolvency challenges and children proceedings

Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
Climate change belongs on every lawyer’s agenda, with risks extending far beyond environmental practice into commercial advice, litigation and access to justice
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