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April 2016

Welcome to the April edition of The Round-Up!

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This month Matthew Winn-Smith discusses the recent case of Hills v Niksun [2016] EWCA Civ 115, in which he represented the successful respondent in a case concerning the exercise of a company’s discretion as provided to it within its contractual documents.

The Court of Appeal has handed down three recent decisions dealing with the application of the Denton principles when a party makes an application for relief from sanctions in certain circumstances.   First, Emily Davies comments on the case of Gentry v. Miller and UK Insurance Limited [2016] EWCA Civ 141, where the court considered the approach to applications for relief from sanctions and setting aside a judgement in default where the defaulting party delayed in applying for relief, but was alleging that the claim was fraudulent.  Secondly, David Sawtell analyses the court’s decision Oak Cash & Carry Ltd v British Gas Trading Ltd [2016] EWCA Civ 153, in which the court discusses the relevance of previous breaches of unless orders.  Lastly, Derek Kerr highlights the importance of not using delays in obtaining legal aid funding as the excuse for non-compliance in an application for relief from sanctions following the court’s decision in R (Kigen & Anr) v Home Secretary [2016] 1 WLR 723.

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The Round-up 2016