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Denton v TH White Ltd

[2014] EWCA Civ 906
JurisdictionUnited Kingdom
CourtCourt of Appeal (England and Wales)
Year2014
StatusBinding authority

Summary

Relief from sanctions under CPR r.3.9 requires a three-stage test: assess seriousness of breach, reason for default, and all circumstances of the case.

Key Principle

relief from sanctions; three-stage test replacing Mitchell severity

Area of Law

Procedure, Sanctions and Costs

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Adult estranged child's claim under Inheritance (Provision for Family and Dependants) Act 1975 does not automatically entitle her to full financial needs provision from mother's estate.

Mitchell v News Group Newspapers Ltd [2013] EWCA Civ 1537

Failure to file a costs budget on time results in deemed filing limited to court fees only, and relief from sanction requires good reason under the Denton/Mitchell test.

PGF II SA v OMFS Company 1 Ltd [2013] EWCA Civ 1288

Silence in response to an offer to mediate is itself unreasonable conduct, exposing the silent party to adverse costs consequences.

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