Freeborn and another v Marcal (trading as Dan Marcal Architects)

Practice – Civil litigation. There was no need for the defendant to apply for relief from sanctions, where the Technology and Construction Court had effectively ordered that the requirements for making an application for relief from sanctions under CPR 3.13(1) had not applied. The court stressed the importance of the parties not abusing the tougher approach to non-compliance that had been introduced in the case of Mitchell v News Group Newspapers Ltd[2014] 2 All ER 430. A busy litigation solicitor was entitled simply to rely on the date specified in writing by the court office, rather than embarking on an investigation into whether or not a letter giving the date for a case management conference contained an error.

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