Post-Mitchell: Relief from Sanctions in Practice - Rhiannon Lewis, 1 Chancery Lane
23/02/14. As practitioners continue to the grapple with the realities of the post-Mitchell climate, several reported decisions are beginning to demonstrate how the courts are applying the “new more robust approach” to applications for relief from sanctions.
In Durrant v Chief Constable of Avon and Somerset [2013] EWCA Civ 1624, the defendant applied for relief from sanctions in order to allow then to rely on witness evidence served out of time. Permission had been allowed by the lower court, despite the defendant having a history of delays. In support of their application, the defendant had relied on a combination of reasons for the default, such as professional pressures, the holiday period, bad weather and operational commitments of the officers. The Court of Appeal held that relief from sanctions should not have been granted. Allowing the application led to an adjournment of the trial, thereby failing to promote the efficient conduct of litigation and having a negative effect on other court users. Further, such reasons as offered by the defendant were...
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