- Applied — Lufthansa Technik AG v Astronics Advanced Electronic Systems & Ors 2023-11-09
“…ion for relief from sanction under rule 3.9, that is to say, applying the familiar three-stage approach laid down in Denton v TH White Ltd [2014] EWCA Civ 906, [2014] 1 WLR 3926: see R (Hysaj) v Secretary of State for the Home Department [2014] EWCA Civ 1633, [2015] 1 WLR 2472.…”
- Cited — Shahanas Kanhirakandan v The Secretary of State for the Home Department 2023-11-06
“…Denton v TH White Ltd [2014] EWCA Civ 906, [2014] 1 WLR 3926…”
- Applied — FXF v English Karate Federation Limited & Anor 2023-07-26
“…s a controversial procedural issue that has arisen in the wake of this court’s decision on relief from sanctions in Denton v. TH White Ltd [2014] EWCA Civ 906, [2014] 1 WLR 3926 (Denton). The question is whether the three-stage test described in Denton should be applied by the court when it is considering whether to set aside a default…”
- Cited — Zhongshan Fucheng Investment Co Ltd v The Federal Republic of Nigeria 2023-07-20
“…nd it had not identified any proper reason for its failure so that it did not satisfy the test for relief from sanctions in Denton v White [2014] EWCA Civ 906; [2014] 1 WLR 3926. Nigeria then missed the 7 day deadline of 10 October 2022 for evidence in response and on 29 November 2022 (three days before the hearing before Cockerill J) …”
- Applied — Simon Nigel Morton & Anor. v Julie Morton 2023-06-20
“…paragraph 4 of the judge’s first order, in which case it would be almost a year out of time. The three stage test in Denton v TH White Ltd [2014] EWCA Civ 906, [2014] 1 WLR 3926 applies: see Salford Estates (No 2) Ltd v Altomart Ltd [2014] EWCA Civ 1408, [2015] 1 WLR 1825. On either basis the delay is lengthy. Mr Maynard-Connor argued …”
- Applied — Saleh Ibrahim Mabrouk v John Murray 2022-07-12
“… relief from sanctions (see Civil Procedure 2022, at paragraph 39.3.7.4), we go on to consider the principles in Denton v TH White Limited [2014] EWCA Civ 906; [2014] 1 WLR 3926. Those principles apply in any event because the application for permission to appeal was made after the 21 day time limit had expired. Finally we also conside…”
- Cited — Zehour Chelfat v Hutchinson 3G UK Limited 2022-04-06
“…ded a sanction for failing to file a copy of N510, namely that the claim form could not be served. He then went through the Denton v TH White ([2014] EWCA 906; [2014] 1 WLR 3926) exercise, and concluded that relief from sanctions was appropriate. Of potential relevance to this case is paragraph 118 where the deputy judge said:…”
- Cited — Zehour Chelfat v Hutchinson 3G UK Limited 2022-04-06
“…[2014] 1 WLR 3926…”
- Applied — The Good Law Project (R on the application of) v The Secretary of State for Health and Social Care 2022-03-24
“…on is to what extent, if at all, the principles in CPR 7.6 are engaged and whether the three-stage test identified in Denton v TH White Ltd [2014] EWCA Civ 906 [2014] 1 WLR 3926 (“Denton v White”) applies on such an application;…”
- Cited — Helios Oryx Limited v Trustco Group Holdings Limited 2022-02-25
“…In Denton v T H White Ltd [2014] EWCA Civ 906, [2014] 1 WLR 3926 [24]-[38] this Court provided guidance on how CPR 3.9(1) should be given effect. The court should approach the matter in three stages. The first stage is to as…”
- Cited — The Good Law Project (R on the application of) v The Secretary of State for Health and Social Care 2022-01-18
“…That said, we grant relief from sanctions in accordance with the principles set out in Denton v. TH White Ltd[2014] EWCA Civ 906; [2014] 1 WLR 3926. The deemed delay of a day was not serious or significant; the Minister’s late change of mind about appealing provides at least some explanation for the delay;…”
- Cited — Deoranee Boodia v Volodymry Yatsyna 2021-11-17
“…The approach to the grant of relief against sanctions is now that laid down by this court in Denton v TH White Ltd[2014] EWCA Civ 906, [2014] 1 WLR 3926. That requires a three-stage approach:…”
- Considered — Unite the Union v Alec McfAdden 2021-02-19
“…ractice Note) [2014] EWCA Civ 1408; [2015] 1 WLR 1825. Those principles were set out by this Court in Denton v TH White Ltd(Practice Note) [2014] EWCA Civ 906; [2014] 1 WLR 3926. In summary, they require the court to consider three stages: first, the seriousness of the breach of the court’s rules; secondly, the reason for that breach; …”
- Cited — AIC Ltd v The Federal Airports Authority of Nigeria 2020-11-26
“…pite the fact that FAAN originally made the application for relief from sanctions in accordance with the test set out in Denton v TH White [2014] EWCA Civ 906, [2014] 1 WLR 3926) this was not a case of relief from sanctions in any event.…”
- Cited — Hoque & Ors v The Secretary of State for the Home Department (Rev 1) 2020-10-22
“…omply with the rule; (2) why the failure to comply occurred; and (3) evaluate all the circumstances of the case, see Denton v TH White Ltd [2014] EWCA Civ 906; [2014] 1 WLR 3926.…”
- Cited — Diriye v Bojaj & Anor 2020-10-15
“…nst granting relief from sanctions under CPR 3.9, in accordance with the three stage test set out in Denton and Others v T H White Limited [2014] EWCA Civ 906, [2014] 1 WLR 3926.…”
- Considered — Cable v Liverpool Victoria Insurance Co Ltd 2020-07-31
“…The application for relief from sanctions involved a consideration of the three stages identified in Denton v TH White [2014] EWCA Civ 906, [2014] 1 WLR 3926. The first stage would be to consider whether the failure to comply with DJ Doyle’s order (ie the service of the amended claim form and the accompanying docume…”
- Applied — Fatima v Family Channel Ltd & Anor 2020-07-01
“…explained in Denton v TH White Ltd [2014] EWCA Civ 1298; [2014] 1 WLR 3926 (“Denton”), applied to an application to set aside a judgment or order under CPR Part 39.3 (see [23] and [28]). The three stages identified in Denton are well …”
- Applied — Al Ahmed v London Borough of Tower Hamlets 2020-01-30
“…ples to be derived from Mitchell v News Group Newspapers Ltd [2013] EWCA Civ 1537, [2014] 1 WLR 795 (“Mitchell”) and Denton v TH White Ltd [2014] EWCA Civ 906, [2014] 1 WLR 3926 (“Denton”), relating to applications under CPR 3.9 for relief from sanctions, should be applied by analogy to applications for an extension of time under CPR 3…”
- Applied — Lone v London Borough of Hounslow 2019-12-17
“…n 1 February 2018. She refused to grant the Council relief from sanction. Applying the well-known threestage test in Denton v TH White Ltd [2014] EWCA Civ 906, [2014] 1 WLR 3926, she concluded that the breach was a serious and significant one, that there was no good reason for it and that in all the circumstances of the case it was not…”
- Cited — Cowan v Foreman & Ors 2019-07-30
“…g compliance with rules”). It would also echo the ever-developing sanctions jurisprudence exemplified by Denton & Ors v TH White Ltd & Ors [2014] EWCA Civ 906, [2014] 1 WLR 3926. The fact that the time limit is contained within the statute rather than in a procedural rule is also of significance.”…”
- Cited — Woodward & Anor v Phoenix Healthcare Distribution Ltd 2019-06-12
“…[2014] 1 WLR 3926…”
- Cited — Gama Aviation (UK) Ltd v Taleveras Petroleum Trading DMCC 2019-02-07
“… upon it. It sought permission to do so by way of relief from sanctions in accordance with the principles set out in Denton v TH White Ltd [2014] EWCA Civ 906, [2014] 1 WLR 3926. It recognised that if it was not permitted to rely upon the witness statement, it would be unable to advance submissions based on the two factual points in th…”
- Cited — Gama Aviation (UK) Ltd v Taleveras Petroleum Trading DMCC 2019-02-07
“…tness statement the defendant needed to obtain relief against sanctions in accordance with the principles set out in Denton v TH White Ltd [2014] EWCA Civ 906, [2014] 1 WLR 3926. I will assume, without deciding, that this was correct (but see Tenaga Nasional Bhd v Frazer-Nash Research Ltd [2018] EWHC 2970 (QB) at [34] and [35], a recen…”
- Considered — McDonald v Rose & Ors 2019-01-15
“…s an application for relief from sanctions, such that the court needs to consider the three elements identified in Denton v T.H. White Ltd [2014] EWCA Civ 906, [2014] 1 WLR 3926, namely:…”
- Cited — QR (Pakistan), R (on the application of) v The Secretary of State for the Home Department 2018-06-21
“… of relief from sanctions in Mitchell v News Group Newspapers Limited [2013] EWCA Civ 1537; [2014] 1 WLR 795 and Denton v TH White Limited [2014] EWCA Civ 906; [2014] 1 WLR 3926. It involves three stages.…”
- Cited — Hart v Hart 2018-05-11
“…risdiction to make them. There was no justification for the husband being granted relief from sanctions having regard to the three stage test in Denton v White [2014] 1 WLR 3926. The delay was serious and significant; no explanation had been given for the delay in raising this issue or seeking to appeal; and the circumstances of the ca…”
- Explained — Green v Mears Ltd 2018-04-17
“…rts with Mitchell v News Group Newspapers Ltd [2013] EWCA Civ 1537, [2014] 1 WLR 795, as subsequently explained in Denton v T.H. White Ltd [2014] EWCA Civ 906, [2014] 1 WLR 3926. Those cases were concerned with “relief from sanctions” in the case of non-compliance with interlocutory directions; but in R (Hysaj) v Secretary of State for…”
- Cited — Springer v University Hospitals of Leicester NHS Trust 2018-03-15
“…m sanction, first set out in Mitchell v News Group Newspapers Limited [2013] EWCA Civ 1537; [2014] 1 WLR 795 and Denton v TH White Limited [2014] EWCA Civ 906; [2014] 1 WLR 3926, is now well-established and uncontroversial. It involves three stages.…”
- Cited — Christofi v National Bank of Greece (Cyprus) Ltd 2018-03-09
“…alt with Issue II at [77] – [86]. She had regard to the domestic case law on relief against sanctions, in particular Denton v TH White Ltd [2014] EWCA Civ 906; [2014] 1 WLR 3926. She was, however, not persuaded:…”
- Cited — Haydar v Pennine Acute NHS Trust 2018-03-06
“…ing the decisions of this court in Mitchell v News Group Newspapers Ltd [2013] EWCA Civ 1537, [2014] 1 WLR 795, and Denton v TH White & Co [2014] EWCA Civ 906, [2014] 1 WLR 3926 ("the Mitchell/Denton approach"). It was confirmed by this court in Hysaj v Secretary of State for the Home Department [2014] EWCA Civ 1633, [2016] 1 WLR 673, …”
- Cited — Solanki v (Intercity Technology Ltd & Anor (Rev 1) 2018-02-09
“…cation for an adjournment on the grounds that a party or witness is unfit on medical grounds to attend the trial. In Denton v TH White Ltd [2014] EWCA Civ 906, [2014] 1 WLR 3926 at para 89, Jackson LJ emphasised the general undesirability of adjourning trials in the context of applications under CPR 3.9. I entirely agree with what he s…”
- Cited — Fayad, R (On the Application Of) v The Secretary of State for the Home Department 2018-01-31
“…On the basis of the current approach to such matters as set out in Denton v T H White Limited [2014] EWCA Civ 906; [2014] 1 WLR 3926, the court should not extend time to allow the application to proceed.…”