The defendant costs specialists

Relief from sanctions application

By on Jul 23, 2013 | 3 comments

With the new, stricter, test for relief from sanctions applications I wonder how often we’ll hear the comments of His Honour Judge Simon Brown QC in Earles v Barclays Bank plc [2009] EWHC 2500 being quoted where there has been a failure to comply with a notification requirement in relation to an additional liability:

“The Practice Direction is in the Civil Procedure Rules and those practising in civil courts are expected to know the rules and practice them; it is gross incompetence not to.”

    3 Comments

  1. Which barrister’s skeleton argument did he cut and paste that from ?

    Anon

    23rd July 2013

  2. Hmm, actually that quote sounds like a tactful way to explain to a client that their application for relief might be unsuccessful 🙂

    Richard

    23rd July 2013

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