header-logo header-logo

14 August 2015
Issue: 7665 / Categories: Case law , Judicial line , In Court
printer mail-detail

On the day

Is an oral application for relief from sanction permissible? For example, if a party has not made a written application for permission to rely on belatedly served factual evidence, how is the matter dealt with at trial otherwise than by way of oral application?

Yes. CPR 23.3(2) entitles the court to dispense with the requirement for an application notice but a party who intends to rely on this provision lives dangerously. They run the risk that the judge will refuse to hear the oral application if the other party has been taken by surprise by it or not had sufficient opportunity to consider it and the delay involved in affording that opportunity would delay the trial. The applicant is also at risk as to costs.

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

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
back-to-top-scroll