- Case management and relief from sanctions—dealing with failure to pay trial fee (NDI Insurance and Reinsurance Brokers Ltd v Iroko Securities Ltd)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Dispute Resolution analysis: This judgment of the Central London County Court considered and determined four separate applications—(a) a strike out application, (b) an application for relief from sanctions in respect of witness statements and expert evidence, (c) an application for an unless order in respect of further information and disclosure, and (d) an application for relief from the automatic strike out sanction due to failure to pay the trial fee. The court generally followed and applied the approach to relief from sanctions set out in CPR 3.9 and adopted and used the three-stage approach used in Denton v White. Of particular note is the consideration of the issues resulting from the failure to pay the trial fee. The judgment exposes a risk for unwary solicitors and relief was only given because the failure appeared to have been entirely the court’s own fault. Written by Oliver Browne, partner and chair of the London Litigation & Trial Department, at Latham & Watkins.
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