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

mfg Solicitors—Hayley Pearce & Lauren Williams

mfg Solicitors—Hayley Pearce & Lauren Williams

Law firm mfg Solicitors announces promotions at Ludlow office

Womble Bond Dickinson—Richard Sharpe

Womble Bond Dickinson—Richard Sharpe

Womble Bond Dickinson appoints partner in Leeds residential team

Brabners—six promotions

Brabners—six promotions

Brabners adds six to partnership in record year for partner promotions

NEWS
The legal profession's AI challenge extends far beyond fabricated case citations, according to a warning about the next phase of technological risk
Law firms should use the transition period before the Financial Conduct Authority (FCA) assumes anti-money laundering (AML) supervision to strengthen governance and compliance, experts have warned
Cross-border disputes increasingly demand creative approaches to gathering evidence, with litigators needing to look beyond traditional letters of request
A Court of Appeal ruling has clarified the distinction between contracts of 'indefinite' and 'perpetual' duration, with potentially significant implications for commercial drafting
The Court of Appeal was entitled to uphold the government's decision to proscribe Palestine Action as a terrorist organisation, according to an analysis of the ruling
back-to-top-scroll