The Court of Appeal has
issued guidance in the form of a three stage test to be applied in applications for relief from sanctions under CPR 3.9. This test replaces
the Mitchell guidelines and requires the court to:
1: Identify and assess the seriousness of the
non-compliance. Is the breach "serious or significant"?
2: If it is, why did the default occur?
3: Consider all the circumstances of the case in
order to deal with the application "justly", including (a) the need
for litigation to be conducted efficiently and at proportionate cost and (b)
the need to enforce compliance with rules, directions and court orders.
There is relief amongst practitioners that the new guidance appears to offer a return to a less draconian approach by the courts in relation to relatively minor procedural breaches, as the Gazette article below indicates:
http://www.lawgazette.co.uk/law/news-focus-revised-mitchell-guidance/5042184.article
