In our regular monthly round up of cases we look at the effects of the changes to the Civil Procedure Rules under the Jackson Reforms:

Relief from sanctions/service of witness statements: In British Gas Trading v Oak Cash & Carry Ltd (2016) the Court of Appeal concluded that, when considering the seriousness and significance of party’s failure to comply with an unless order, that had led to an application for relief from sanctions, it was also necessary to consider the party’s conduct in failing to comply with the directions that had led to an unless order being made. The breach couldn’t be characterised as anything other than serious and significant, although Jackson LJ criticised the defendant’s lack of promptness in applying for relief. 16/3/16