With the new, stricter, test for relief from sanctions applications I wonder how often we’ll hear the comments of His Honour Judge Simon Brown QC in Earles v Barclays Bank plc [2009] EWHC 2500 being quoted where there has been a failure to comply with a notification requirement in relation to an additional liability:
“The Practice Direction is in the Civil Procedure Rules and those practising in civil courts are expected to know the rules and practice them; it is gross incompetence not to.”
Which barrister’s skeleton argument did he cut and paste that from ?
Hmm, actually that quote sounds like a tactful way to explain to a client that their application for relief might be unsuccessful
Nice. That case goes straight into the database!