header-logo header-logo

21 February 2014
Issue: 7595 / Categories: Case law , Law reports , In Court
printer mail-detail

Practice—Relief from sanction—CPR 3.9

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

DAC Beachcroft—Paul Brehony

DAC Beachcroft—Paul Brehony

Commercial disputes practice expands with partner hire in London

Ward Hadaway—Maria Coster

Ward Hadaway—Maria Coster

Partner appointed to lead family and matrimonial department in Leeds

Slater Heelis—Helen Marsh

Slater Heelis—Helen Marsh

Commercial property team expands in Manchester with partner appointment

NEWS
SRM Recruitment has been announced as the headline sponsor of the Law Society RFC Festival of Sport 2026, which will take place on 20 September at Richmond Athletic Association. The specialist legal search firm joins the event as organisers prepare to welcome more than 110 teams across five sports, including rugby sevens, netball and five-a-side football
The civil justice landscape could be heading for a shake-up, with reform of the Solicitors Act 1974 gathering pace
Global mobility is transforming family law, creating new challenges around jurisdiction, assets and child arrangements
A series of procedural developments could have significant practical consequences for litigators. Writing in NLJ this week, columnist Stephen Gold highlights important updates ranging from digital court reforms to family procedure and admissions of liability
As family structures evolve, the law may face difficult questions about inheritance rights for those in polyamorous relationships
back-to-top-scroll