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26 February 2020 / Stephen Averill
Issue: 7876 / Categories: Features , Profession , Costs
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In default? Time to put your hand up

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Why are so many firms stumbling their way to failure when it comes to applications for relief? Stephen Averill provides some answers
  • Applications for relief, more than any other type of application, require the sympathy of the court.
  • The best way of getting that is via an honest approach where those who are in default hold their hands up and can demonstrate a clear effort to put things right.

If you haven’t recently had the misfortune to require a successful application for relief from sanctions, the chances are you know someone who has. Although we are several years into the Jackson reforms, and were reliably warned about a new culture of compliance with rules and deadlines, it seems strange to me that the courts are seeing as many applications for relief from sanctions as they ever have.

There are some straightforward explanations. This culture of compliance creates opportunity for parties who are perhaps now keener to exploit any failure by an opponent who breaches a rule, practice direction or court order where they

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

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Gibson Dunn—Richard Surtees

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

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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
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
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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