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07 August 2015
Issue: 7664 / Categories: Case law , Law digest , In Court
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Practice

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.

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MOVERS & SHAKERS

Winckworth Sherwood—David Fendt

Winckworth Sherwood—David Fendt

Restructuring and insolvency practice strengthened by partner hire

Gateley Legal—Billy Poulter & Shay Moore

Gateley Legal—Billy Poulter & Shay Moore

North West residential development team welcomes partner and associate

Burgess Mee—Victoria Sterritt

Burgess Mee—Victoria Sterritt

Family law boutique expands London team with legal director hire

NEWS
The Supreme Court’s decision in Dillon highlights a central tension in modern public law: rights may be recognised without being fully realised
Artificial intelligence (AI) is transforming legal practice, but its successful adoption depends as much on culture as technology
Non-court dispute resolution is no longer an alternative in family law—it is rapidly becoming the norm
The fallout from Lord Mandelson’s appointment and dismissal as UK ambassador to Washington raises profound questions about constitutional governance, accountability and political appointments
Some employment law controversies never disappear—they merely lie dormant
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