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Relief from sanctions—finally granted

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Published on: 08 June 2016

Published by a LexisNexis Dispute Resolution expert

Table of contents

Original news
What is the background to this case?
What were the key issues in the appeal?
What did the Court of Appeal decide?
What are the implications of the Court of Appeal's judgment in broader terms?
What should lawyers take from this decision?
What happens next?

Article summary

Dispute Resolution analysis: Paul Edwards, national head of costs at Hill Dickinson LLP, advises that the McTear case is a clear example of the courts taking a common sense approach to relief from sanctions. It is a reminder that each case is different and that any sanctions must be proportionate and just in relation to the facts of the case. There are also some lessons to be learnt about how to avoid sanctions in the first place.

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