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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

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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