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.
