In his latest update, Dominic Regan tackles lateness, excuses & Denton
- Applying the Denton test.
- The saga of Redbourn Group v Fairgate Development.
Surely everyone knows that Denton v White (2014) 1 WLR 3926 is the definitive authority on how to approach an application for relief from a sanction?
However, subtleties abound and the decision in Redbourn Group Ltd v Fairgate Development Ltd [2017] EWHC 1223 (TCC) highlights a number of them.
The facts were simple. The claimant (C) secured judgment in default of service of a defence and counterclaim which were due on 25 January 2017. On 20 January, it sought an extension of time from the defendant who responded with an offer of seven days whereas C wanted 28 days.
Tragically, the defendant neither accepted the seven-day period nor did it apply at once to the court for more time. The period for which FDL had sought an extension expired at 4pm on 22 February. No defence or counterclaim was served during that period. There was no communication
