Court of appeal overturns wrong application of Mitchell and grants relief (McTear v Engelhard)

Article summary

Dispute Resolution analysis: The Court of Appeal has overturned a decision refusing relief from sanctions in relation to witness statements which had been served 50 minutes late and in relation to new documents which had been found after the deadline for disclosure set out in the disclosure order and initially exhibited to the witness statements and subsequently disclosed by way of a supplemental list of documents. In doing so, it found the first instance judge had incorrectly applied Mitchell (note, at the time of the first instance decision, Denton had not yet been decided) and ought, among other things, to have considered whether refusing to grant permission was just or proportionate. This decision also reiterates that the parties’ other behaviour, while potentially relevant to applications for relief under CPR 3.9(1) ought only to be considered under Denton stage three (and not at Denton stage one). This judgment is of particular interest in the guidance given to practitioners...