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14 March 2019 / Vijay Ganapathy
Issue: 7832 / Categories: Features , Personal injury , Procedure & practice
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Getting it right by playing by the rules

Vijay Ganapathy provides an update on the importance of procedure and practice in and out of court

  • Applying the three-stage test in Denton v White.
  • Should a defendant be allowed to rely on statistical life expectancy expert evidence?
  • Carey v Vauxhall Motors Limited—the first English court decision in a secondary exposure case.

So far this year we have seen the courts addressing a variety of issues. Starting with procedure, an issue that keeps coming back to the courts for consideration is the sanctions that ought to be applied when a party fails to comply with court orders, rules or practice directions.

Denton v TH White Ltd [2014] EWCA Civ 906, [2015] 1 All ER 880 sets out the three-stage test for considering when such a party should be granted relief from sanctions. This test requires consideration of the following: the ‘seriousness or significance’ of the breach; whether a ‘good reason’ has been demonstrated for this; and ‘all the circumstances of the case’, which in

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MOVERS & SHAKERS

Ward Hadaway—19 promotions

Ward Hadaway—19 promotions

19 promotions across national offices, including two new partners

Brabners—Ruth Hargreaves

Brabners—Ruth Hargreaves

Partner promoted to head of corporate team

Slater Heelis—Liam Hall, Jordan Bear & Joe Madigan

Slater Heelis—Liam Hall, Jordan Bear & Joe Madigan

Chester office expansion accelerates with triple appointment

NEWS
The Court of Appeal’s decision in Mazur v Charles Russell Speechlys has reignited debate over what exactly counts as the ‘conduct of litigation’ in modern legal practice
A controversial High Court financial remedies ruling has reignited debate over secrecy, non-disclosure and fairness in divorce proceedings involving hidden wealth
Britain’s deferred prosecution agreement regime is undergoing a significant shift, with prosecutors placing renewed emphasis on corporate cooperation, reform and early self-reporting
The High Court has upheld the Metropolitan Police’s live facial recognition policy, rejecting claims that its deployment unlawfully interferes with privacy and protest rights
As AI chatbots increasingly provide legal and commercial advice, English law is beginning to confront who should bear responsibility when automated systems get things wrong
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