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Jackson in Action: Case Law - Marcus Davies, DWF LLP

23/10/17. In our regular monthly round up of cases we look at the effects of the changes to the Civil Procedure Rules under the Jackson Reforms.

Relief from sanctions regime/application to set judgment aside:

In Financial Conduct Authority v Da Vinci Invest Ltd & Ors (2017) Snowden J, sitting in the Chancery Division, declined to grant relief from sanctions where a defendant looking to set judgment aside had failed to comply with an unless order. The defendant had been ordered to provide disclosure of documents, or see the application to set aside judgment struck out. The defendant failed to comply with that order and that failure was serious and significant and the defendant had no good reason for it. 6.9.17

Costs budgeting/increasing budgets:

In JSC Mezhdunarodniy Promyshlenniy Bank & Anor v Pugachev & Ors (2017), Birss J, sitting in the Chancery Division heard applications from the twelfth and fourteenth defendants to increase their costs budget, due to the increase in the length of trial by one and a half days and allowed the increased budgets notwithstanding the fact that the estimated costs assumed an extra two days (not one and a half), which the judge stated had been "somewhat generous". When considering the increase to the budget in the sum of £84,000, Birss J had regard to the fact that the budget was already set at £1.8m. 31.7.17

Marcus Davies
DWF LLP

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