Jurisdiction(s):
United Kingdom

Court of Appeal (England and Wales): late expert evidence applications are not relief from sanctions; Denton inapplicable; implied sanctions confined to notices of appeal/respondent’s notices; overriding objective applies

Published on: 02 February 2024

Published by a LexisNexis Dispute Resolution expert

Legal News

Article summary

Yesss (A) Ltd v Warren [2024] EWCA Civ 14

What are the practical implications of this case?

This judgment adds to the series of significant Court of Appeal decisions on relief from sanctions. It confirms that a late bid to adduce expert evidence, where the trial date is unaffected, is not a relief from sanctions application, so the Denton principles do not apply. In doing so, it resolves a clash in earlier High Court rulings on this issue. The ruling also has broader significance in two respects:

It indicates that the notion of implied sanctions in the rules is tightly limited, apparently restricted to notices of appeal and respondent’s notices.
As a material counterbalance to the overall tenor, it stresses that the shift towards stricter adherence to rules, orders and practice directions operates not only within the sanctions framework but also across applications generally, which must be decided by reference to the overriding objective.

Taken together, this points to a narrowing of the difference between the thresholds that govern applications engaged by CPR 3.9 and those that fall outside it.

What was the background?

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