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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

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
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