Jennifer Newcomb secures successful relief from sanctions application, three weeks before trial



Jennifer Newcomb successfully obtained relief from sanctions on behalf of a Claimant who had failed to file witness evidence in support of his quantum claim in a multi-track personal injury action. Witness evidence was served 6 months prior to the trial date, as per court directions, but quantum evidence had been omitted from the Claimant’s witness statement.  Unsurprisingly, the application was strongly opposed by the Defendant. The application was heard 3 weeks before trial.

Jennifer’s submissions were based on the guidance in Denton v TH White Ltd & others [2014] EWCA Civ 906. Although the DDJ took the view that the breach was serious and/or significant, and there was no good reason for the breach, he concluded that in all the circumstances of the case, he would give permission to the Claimant to rely on the further statement. Key considerations were that the contents of the statement were putting flesh on the bones of the schedule of loss and medical report that had been served, nothing in the statements was taking the Defendant by surprise or fundamentally changing the way the case was put and the trial date was not being threatened. Despite the Defendant’s submissions that questions might need to be put to the medical expert arising from the witness evidence, and that this evidence was a ‘game changer’,  the judge concluded that it was unlikely such questions would be put.

The case illustrates that, when made properly, even late applications for relief from sanctions can now be successful.

Latest News & Events

The Dekagram: 20th May 2024

We trust that our readers have been enjoying the Spring sunshine; the team have spent their time in the sun wisely, reading cases so you don’t have to. First we noted a decision which considers the interplay between English and Scottish guardianship; secondly we read…

The Dekagram: 13th May 2024

Last week brought the news that the Australian airline Qantas and the Australian Competition and Consumer Commission have agreed to resolve their dispute over cancelled flights by asking the court to impose a $100 million fine, together with an undertaking by the airline to pay…

Max Melsa appears in Court of Appeal in Re D (Children: Interim Care Order: Hair Strand Testing) [2024] EWCA Civ 498

Max Melsa represented the children, through their Children’s Guardian, in the first case to reach the Court of Appeal specifically dealing with the interpretation of Hair-Strand Tests in care proceedings. The appeal was made by the mother against the interim separation of three children from…

Subscribe to our mailing list

Deka Chambers: 5 Norwich Street, London EC4A 1DR

© Deka Chambers 2024


Portfolio Builder

Select the expertise that you would like to download or add to the portfolio

Download    Add to portfolio   
Title Type CV Email

Remove All


Click here to share this shortlist.
(It will expire after 30 days.)