Rely on the most comprehensive, up-to-date legal content designed and curated by lawyers for lawyers
Work faster and smarter to improve your drafting productivity without increasing risk
Accelerate the creation and use of high quality and trusted legal documents and forms
Streamline how you manage your legal business with proven tools and processes
Manage risk and compliance in your organisation to reduce your risk profile
Stay up to date and informed with insights from our trusted experts, news and information sources
Access the best content in the industry, effortlessly — confident that your news is trustworthy and up to date.
With over 30 practice areas, we have all bases covered. Find out how we can help
Our trusted tax intelligence solutions, highly-regarded exam training and education materials help guide and tutor Tax professionals
Regulatory, business information and analytics solutions that help professionals make better decisions
A leading provider of software platforms for professional services firms
In-depth analysis, commentary and practical information to help you protect your business
LexisNexis Blogs shed light on topics affecting the legal profession and the issues you're facing
Legal professionals trust us to help navigate change. Find out how we help ensure they exceed expectations
Lex Chat is a LexisNexis current affairs podcast sharing insights on topics for the legal profession
In Pittville v Habanos, the Chancery Division has allowed an appeal against (1) an order granting relief from sanctions following the claimant’s failure to comply with an unless order requiring the provision of security for costs and (2) an order varying that unless order.
In doing so, it found (among other things) the Deputy Master had been wrong in (1) finding MasterCigars (the original claimant and assignor of the claim) had a good reason for failing to comply with the unless order, (2) failing to take into account the
factors at Rule 3.9(1)(a) and (b) of the CPR, finding there had been a material change in circumstance and/or that there were exceptional circumstances warranting the variation of the order.
Some of the links require a subscription to LexisPSL – Click here for a free trial to access if you are not a PSL subscriber.
Practical implications arising from this judgment include:
The defendants sought to appeal:
Although the Chancery Division acknowledged the Deputy Master's decision to grant relief from sanctions and vary the unless order were 'discretionary case management decisions' with which it ought not to interfere 'unless satisfied the lower court has
erred in law, erred in fact or reached a conclusion which falls outside the generous ambit within which reasonable disagreement is possible', it considered the Deputy Master had 'plainly erred in his approach to the application for relief from sanctions
and for the variation of the unless order'. More particularly, the Deputy Master:
For further guidance on:
Access this article and thousands of others like it free by subscribing to our blog.
Read full article
Already a subscriber? Login
Virginia specialises in general domestic and international commercial litigation, arbitration and alternative dispute resolution.
Virginia trained, qualified and practiced with Pinsent Masons before moving to Marriott Harrison where she continued in practice for a further seven years.
In practice, Virginia acted in a variety of general commercial disputes covering areas including intellectual property, fraud, defamation, misrepresentation, breach of contract, debt recovery, breach of restrictive covenants and company and shareholders’ disputes.
Virginia is Head of Dispute Resolution at Lexis®PSL and, when not focused on the strategic development and operational requirements of the Dispute Resolution module, her content work focuses on case management and evidence in civil litigation. She also regularly contributes to the LexisNexis Dispute Resolution Blog.
0330 161 1234