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Michael Brown successfully obtains relief from sanctions

28th July 2015

Michael successfully obtained relief from sanctions on behalf of his client in a dispute alleging defamation, discrimination and breach of contract.

His client had, for the majority of proceedings, acted in person and was made subject to an Unless Order requiring him to notify ‘the court’ with his availability for trial prior to leaving for Spain. The client duly notified Salford Money Claims Centre, notwithstanding the fact that that the claim had been transferred to Truro County Court for the benefit of the Defendants. The claim was struck out. Applying the test prescribed in Denton v White, Michael argued that ‘in all the circumstances’ relief should be granted, particularly in light of the fact that his client could simply re-issue proceedings should the application be refused, thus increasing cost and delay. The Judge found this argument to be determinative of the application and granted relief accordingly. 

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Michael Brown successfully obtains relief from sanctions