header-logo header-logo

Practice

07 August 2015
Issue: 7664 / Categories: Case law , Law digest , In Court
printer mail-detail

Michael Wilson & Partners Ltd v Sinclair and others [2015] EWCA Civ 774, [2015] All ER (D) 273 (Jul)

When the claimant had failed to make a payment on account of costs on time, its appeal was stayed. When it applied to have the stay lifted, the judge treated it as an application for relief from sanction under CPR 3.9, refused the application and struck out the appeal following the guidance in Mitchell v News Group Newspapers Limited. The claimant applied to the court for reconsideration under CPR 3.1(7) after judgment had been given in Denton and others v TH White Ltd and another. The Court of Appeal, Civil Division, allowed the application and set aside the order. The judge had made his decision based on the principles laid down in Mitchell , but that had been a mistaken approach. Following Denton , relief from sanction would be granted.

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

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
back-to-top-scroll