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Practice – Civil litigation. The Commercial Court dismissed an application by the owners of a vessel for relief from sanctions (initially under CPR 3.9) and for an extension of time to comply with an unless order to deliver up an electronic archive in respect of a claim brought against the defendant war risk underwriters, following an explosion on a vessel, which had been struck out for non-compliance with the order. The court found that the owners' story about their inability to hand over the archive was a fabrication and that, on a proper analysis, what the owners were really seeking (as reflected by their amended application notice) was a variation of the order to substitute for the absolute obligation to disclose the archive, in other words an application under CPR 3.1(7). The court ruled that there could be no question of any relief against sanctions in circumstances where breach of the unless order had not been remedied and there was no basis for a variation or revocation of the order or for relief from sanctions applying the 'Denton' three-staged test. Accordingly, the claim remained struck out.
Practice – Civil litigation. The Commercial Court dismissed an application by the owners of a vessel for relief from sanctions (initially under CPR 3.9) and for an extension of time to comply with an unless order to deliver up an electronic archive in respect of a claim brought against the defendant war risk underwriters, following an explosion on a vessel, which had been struck out for non-compliance with the order. The court found that the owners' story about their inability to hand over the archive was a fabrication and that, on a proper analysis, what the owners were really seeking (as reflected by their amended application notice) was a variation of the order to substitute for the absolute obligation to disclose the archive, in other words an application under CPR 3.1(7). The court ruled that there could be no question of any relief against sanctions in circumstances where breach of the unless order had not been remedied and there was no basis for a variation or revocation of the order or for relief from sanctions applying the 'Denton' three-staged test. Accordingly, the claim remained struck out.
The Chair of the Bar reports back
Clement Cowley, Partner at The Penny Group, explains how global events can influence the performance of pensions and ISAs, and why taking a long-term approach to investing is often the most effective strategy
Mário Barroso, Head of R&D and Method Development at AlphaBiolabs, discusses what family law professionals need to know about hallucinogens, from the main hallucinogenic drugs encountered in family proceedings, to their effects and the testing options available
Harmony Christian Ministries is the latest charity to benefit from a £500 donation from AlphaBiolabs via the company’s Giving Back initiative
By David Green
Mário Barroso, Head of R&D and Method Development at AlphaBiolabs, examines the forensic science underpinning hair drug testing, its evidential scope and limitations, and why it remains the gold standard for evidencing patterns of drug use in family proceedings
Developing a tech start-up demands a different definition of excellence to the Bar, says Saara Idelbi. The co-creator of Advocatr on entrepreneurship, AI advocacy training, and matching the thrill of a killer cross-examination
At the start of her term, Chair of the Bar 2026 Kirsty Brimelow KC set out a series of priorities for the year ahead. One of those priorities was children in the justice system
As the world becomes more digital, Barbara Vinagre Mota examines international research into the mental health consequences of judges’ exposure to graphic and immersive evidence, highlighting the importance of support systems
Reviewed by Daniel Barnett
James McNeill Whistler at Tate Britain until 27 September Rothko in Florence at Palazzo Strozzi until 23 August Reviewed by Stephen Cragg KC
