header-logo header-logo

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

NLJ costs revision course (Pt 4)

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

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
back-to-top-scroll