Dominic Regan serves up a survival guide
Obey!
Orders, rules and directions are to be strictly adhered to. Applications for relief from sanctions are governed by a revised CPR 3.9 which, says Jackson LJ, "is intended to be a stricter test limiting the cases in which it will be appropriate for the court to grant relief from sanctions”. Early decisions from the High Court bench demonstrate how robust the new approach is.
In judicial training this year the bench was encouraged to get tough on default. Edwards-Stuart J on May 22 gave a judgment in Venulum Property Investments Ltd v Space Architecture Ltd and others [2013] EWHC 1242 (TCC). An application was made for permission to extend time for service of particulars of claim. Due to an innocent and unfortunate misunderstanding it was erroneously thought that one could serve particulars 14 days after the claim form. Not so. The long-stop deadline is four months after the issue of the claim form (see CPR 7.4 (2) and 7.5 (1)). The extension was refused.
