header-logo header-logo

NLJ costs revision course (Pt 4)

03 November 2017 / Dominic Regan
Issue: 7768 / Categories: Features , Procedure & practice , Costs , Budgeting
printer mail-detail
nlj_7768_regan

In his latest update, Dominic Regan tackles lateness, excuses & Denton

  • Applying the Denton test.
  • The saga of Redbourn Group v Fairgate Development.

Surely everyone knows that Denton v White (2014) 1 WLR 3926 is the definitive authority on how to approach an application for relief from a sanction?

However, subtleties abound and the decision in Redbourn Group Ltd v Fairgate Development Ltd [2017] EWHC 1223 (TCC) highlights a number of them.

The facts were simple. The claimant (C) secured judgment in default of service of a defence and counterclaim which were due on 25 January 2017. On 20 January, it sought an extension of time from the defendant who responded with an offer of seven days whereas C wanted 28 days.

Tragically, the defendant neither accepted the seven-day period nor did it apply at once to the court for more time. The period for which FDL had sought an extension expired at 4pm on 22 February. No defence or counterclaim

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Winckworth Sherwood—Tim Foley

Winckworth Sherwood—Tim Foley

Property litigation practice strengthened by partner hire

Kingsley Napley—Romilly Holland

Kingsley Napley—Romilly Holland

International arbitration team specialist joins the team

Red Lion Chambers—Maurice MacSweeney

Red Lion Chambers—Maurice MacSweeney

Set creates new client and business development role amid growth

NEWS
Property lawyers have given a cautious welcome to the government’s landmark Bill capping ground rents at £250, banning new leasehold properties and making it easier for leaseholders to switch to commonhold
Four Nightingale courts are to be made permanent, as justice ministers continue to grapple with the record-level Crown Court backlog
The judiciary has set itself a trio of objectives and a trio of focus areas for the next five years, in its Judicial Diversity and Inclusion Strategy 2026-2030

The Sentencing Act 2026 received royal assent last week, bringing into law the recommendations of David Gauke’s May 2025 Independent Sentencing Review

Victims of crime are to be given free access to transcripts of Crown Court sentencing remarks, the Ministry of Justice (MoJ) has confirmed
back-to-top-scroll