header-logo header-logo

Home Login E-newsletter About us
21 February 2014
Issue: 7595 / Categories: Case law , Law reports , In Court
printer mail-detail

Practice—Relief from sanction—CPR 3.9

© Copyright LexisNexis 2026. All Rights Reserved.

Newland Shipping & Forwarding Ltd v Toba Trading FZC [2014] EWHC 210 (Comm)

Queen’s Bench Division, Commercial Court, Hamblen J, 6 February 2014

The Commercial Court has considered the effect of Mitchell v News Group Newspapers Ltd [2013] EWCA Civ 1537. As a general rule, relief will not be granted against sanction unless (i) the non-compliance was trivial or (ii) there was good reason for the default.

Richard Slade QC and Edward Harrison (instructed by Holman Fenwick Willan LLP) for the claimant. Stephen Cogley QC and Peter Ferrer (instructed by Stephenson Harwood LLP) for the first and third defendants.

The claimant supplied oil products to the first defendant, an Iranian-owned company engaged in trading oil and gasoline related products. The first defendant made certain advance payments, but failed to pay the full amount due for the cargoes, which were sold elsewhere. The second defendant was said to be the commercial manager and shareholder of the first defendant. The third defendant was said to be a board member

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

Read All
Sponsored by
NLJ Career Profile: Ken Fowlie, Stowe Family Law

NLJ Career Profile: Ken Fowlie, Stowe Family Law

Ken Fowlie, chairman of Stowe Family Law, reflects on more than 30 years in legal services after ‘falling into law’

Gardner Leader—Michelle Morgan & Catherine Morris

Gardner Leader—Michelle Morgan & Catherine Morris

Regional law firm expands employment team with partner and senior associate hires

Freeths—Carly Harwood & Tom Newton

Freeths—Carly Harwood & Tom Newton

Nottinghamtrusts, estates and tax team welcomes two senior associates

NEWS
Read All
‘Lost years’ precedent overturned
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
NLJ this week: Neutral counsel in a polarised age
The cab-rank rule remains a bulwark of the rule of law, yet lawyers are increasingly judged by their clients’ causes. Writing in NLJ this week, Ian McDougall, president of the LexisNexis Rule of Law Foundation, warns that conflating representation with endorsement is a ‘clear and present danger’
NLJ this week: Short lets & sharp covenants
Holiday lets may promise easy returns, but restrictive covenants can swiftly scupper plans. Writing in NLJ this week, Andrew Francis of Serle Court recounts how covenants limiting use to a ‘private dwelling house’ or ‘private residence’ have repeatedly defeated short-term letting schemes
NLJ this week: Justice at the algorithm’s edge
Artificial intelligence (AI) is already embedded in the civil courts, but regulation lags behind practice. Writing in NLJ this week, Ben Roe of Baker McKenzie charts a landscape where AI assists with transcription, case management and document handling, yet raises acute concerns over evidence, advocacy and even judgment-writing
NLJ this week: When ‘milk’ really means milk
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
Copyright © 2026 LexisNexis
back-to-top-scroll