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26 February 2020 / Stephen Averill
Issue: 7876 / Categories: Features , Profession , Costs
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In default? Time to put your hand up

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Why are so many firms stumbling their way to failure when it comes to applications for relief? Stephen Averill provides some answers
  • Applications for relief, more than any other type of application, require the sympathy of the court.
  • The best way of getting that is via an honest approach where those who are in default hold their hands up and can demonstrate a clear effort to put things right.

If you haven’t recently had the misfortune to require a successful application for relief from sanctions, the chances are you know someone who has. Although we are several years into the Jackson reforms, and were reliably warned about a new culture of compliance with rules and deadlines, it seems strange to me that the courts are seeing as many applications for relief from sanctions as they ever have.

There are some straightforward explanations. This culture of compliance creates opportunity for parties who are perhaps now keener to exploit any failure by an opponent who

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MOVERS & SHAKERS

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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