*/
Practice – Civil litigation. The Commercial Court dismissed an application by the owners of a vessel for relief from sanctions (initially under CPR 3.9) and for an extension of time to comply with an unless order to deliver up an electronic archive in respect of a claim brought against the defendant war risk underwriters, following an explosion on a vessel, which had been struck out for non-compliance with the order. The court found that the owners' story about their inability to hand over the archive was a fabrication and that, on a proper analysis, what the owners were really seeking (as reflected by their amended application notice) was a variation of the order to substitute for the absolute obligation to disclose the archive, in other words an application under CPR 3.1(7). The court ruled that there could be no question of any relief against sanctions in circumstances where breach of the unless order had not been remedied and there was no basis for a variation or revocation of the order or for relief from sanctions applying the 'Denton' three-staged test. Accordingly, the claim remained struck out.
Practice – Civil litigation. The Commercial Court dismissed an application by the owners of a vessel for relief from sanctions (initially under CPR 3.9) and for an extension of time to comply with an unless order to deliver up an electronic archive in respect of a claim brought against the defendant war risk underwriters, following an explosion on a vessel, which had been struck out for non-compliance with the order. The court found that the owners' story about their inability to hand over the archive was a fabrication and that, on a proper analysis, what the owners were really seeking (as reflected by their amended application notice) was a variation of the order to substitute for the absolute obligation to disclose the archive, in other words an application under CPR 3.1(7). The court ruled that there could be no question of any relief against sanctions in circumstances where breach of the unless order had not been remedied and there was no basis for a variation or revocation of the order or for relief from sanctions applying the 'Denton' three-staged test. Accordingly, the claim remained struck out.
The Chair of the Bar sets out how the new government can restore the justice system
In the first of a new series, Louise Crush of Westgate Wealth considers the fundamental need for financial protection
Unlocking your aged debt to fund your tax in one easy step. By Philip N Bristow
Possibly, but many barristers are glad he did…
Mental health charity Mind BWW has received a £500 donation from drug, alcohol and DNA testing laboratory, AlphaBiolabs as part of its Giving Back campaign
The Institute of Neurotechnology & Law is thrilled to announce its inaugural essay competition
How to navigate open source evidence in an era of deepfakes. By Professor Yvonne McDermott Rees and Professor Alexa Koenig
Brie Stevens-Hoare KC and Lyndsey de Mestre KC take a look at the difficulties women encounter during the menopause, and offer some practical tips for individuals and chambers to make things easier
Sir Geoffrey Vos, Master of the Rolls and Head of Civil Justice since January 2021, is well known for his passion for access to justice and all things digital. Perhaps less widely known is the driven personality and wanderlust that lies behind this, as Anthony Inglese CB discovers
The Chair of the Bar sets out how the new government can restore the justice system
No-one should have to live in sub-standard accommodation, says Antony Hodari Solicitors. We are tackling the problem of bad housing with a two-pronged approach and act on behalf of tenants in both the civil and criminal courts