Relief from sanctions granted despite the draconian Court of Appeal decision in Mitchell (Forstater v Python (Monty) Pictures)

Table of contents

• Facts
• Relief from sanctions
• Court details

Article summary

DR analysis: This decision considers a wide range of costs issues, as well as the application of CPR 3.9 when granting relief from sanctions; relief being granted in this case. Of interest to practitioners will be the fact that this judgment was reconsidered by Norris J whilst in draft, following the Court of Appeal decision in Mitchell. It is therefore made against the backdrop of what many regarded as a draconian decision. The approach taken by Norris J perhaps takes some of the sting out of the tail of the decision in Mitchell. In both cases, the failure to comply with a rule was due to human error rather than disregard of a court order. However, here relief was granted even though it was very clear from the CPR provisions that notice had to be given when a CFA was funding the litigation and such notice had not been given. In Mitchell, the...