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03 November 2017 / Dominic Regan
Issue: 7768 / Categories: Features , Procedure & practice , Costs , Budgeting
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NLJ costs revision course (Pt 4)

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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

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MOVERS & SHAKERS

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

NEWS
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Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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