Dominic Regan outlines a move towards a tougher approach
The Mitchell fiasco was seemingly written out of history by the more decent Denton v TH White Limited & others [2014] EWCA Civ 906, [2014] All ER (D) 53 (Jul) test. However, two very recent Court of Appeal decisions demonstrate the relief pendulum is moving back towards a tougher approach.
The most important decision so far this year is that delivered by Lord Justice Jackson on behalf of a unanimous court in Oak Cash and Carry Ltd v British Gas Trading Ltd [2016] EWCA Civ 153, [2016] All ER (D) 128 (Mar). A defendant who had failed to file a pre-trial checklist until two days after the deadline imposed within an unless order was refused relief. The defendant consequently secured the benefit of a six figure judgment.
Chronology
I set out a chronology which does not appear in the transcript:
- 1 November 2013: Pre-trial checklist (PTC) order made for filing by 3 February 2014. No compliance.
- 10 February 2014: Unless order made. Defence to be struck
