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

Weightmans—Jason Slatcher

Weightmans—Jason Slatcher

Weightmans appoint new Chief Technology Officer

Mishcon de Reya—trainees

Mishcon de Reya—trainees

Mishcon de Reya announces trainee retention rate of 86%

Sackers—Charlotte Adams & Fraser Sutton

Sackers—Charlotte Adams & Fraser Sutton

Sackers welcomes two new Graduate Solicitor Apprentices

NEWS
LexisNexis is delighted to announce the launch of the LexisNexis Legal Awards 2027, celebrating outstanding achievement, innovation and impact across the legal profession
The Legal Services Board (LSB) is to take further enforcement action against the Solicitors Regulation Authority (SRA), setting additional performance targets and ‘intensifying’ its oversight, it has said
Regulators missed several opportunities to intervene in PM Law Group before it collapsed, an independent review by City firm Jenner & Block has found
An employer’s vicarious liability for the alleged torts of an employee cannot be transferred by TUPE, the Court of Appeal has confirmed
Tiered fees of up to £1,500 for Legal Ombudsman (LeO) cases could leave firms with little option but to pay out, lawyers have warned
back-to-top-scroll