Thursday 8 January 2015
1) Anthony Caliendo 2) Barnaby Holdings LLC v Mishcon de Reya
Clare Stanley has been granted permission to Appeal the relief from sanctions decision given by Mr Justice Hildyard concerning a failure to give notice of a ‘pre-Jackson’ ATE policy and CFAs. Lord Justice Lewison in granting permission said that although Hildyard J appears to have carried out a careful evaluation of the factors, ‘the skeleton argument persuades me that an appeal has a real prospect of success.
The Court of Appeal will consider how the new relief from sanctions regime interrelates with the Jackson Costs reforms which made ATE premiums irrecoverable. It will also discuss how the court should approach the question of “prejudice” to the respondent caused by the giving of relief, and the extent to which the applicant should be left to sue his professional advisers if he misses a deadline.
Ian Croxford QC and Clare Stanley were acting on behalf of Mischons.