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Practice – Civil litigation. The Court of Appeal, Civil Division, heard three appeals concerning relief from sanctions under CPR r 3.9. In allowing those appeals, the court clarified the earlier guidance given in Mitchell v News Group Newspapers Ltd[2014] 2 All ER 430 and put in place a three stage test for judges assessing an application for relief from sanctions. Further comments were made regarding satellite litigation and cooperation between parties where the court would, in the future, be more ready to penalise non-cooperation.
Practice – Civil litigation. The Court of Appeal, Civil Division, heard three appeals concerning relief from sanctions under CPR r 3.9. In allowing those appeals, the court clarified the earlier guidance given in Mitchell v News Group Newspapers Ltd[2014] 2 All ER 430 and put in place a three stage test for judges assessing an application for relief from sanctions. Further comments were made regarding satellite litigation and cooperation between parties where the court would, in the future, be more ready to penalise non-cooperation.
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