- Applied — Lufthansa Technik AG v Astronics Advanced Electronic Systems & Ors 2023-11-09
“…me way as an application 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…”
- Followed — Peter Orji & Anor v Sukhdip Nagra & Anor 2023-11-06
“…ly demise. Furthermore, the rigorous policing of the relief from sanctions regime under CPR rule 3.9, following the decision of this court in Denton v TH White [2014] EWCA Civ 906; [2014] 1 WLR 3296, makes it most unlikely that a serial offender who delays proceedings unduly will ever get his or her case to court. But none of that arises…”
- Applied — Lufthansa Technik AG v Panasonic Avionics Corporation & Ors 2023-11-01
“…fore me that that was the essential nature of Panasonic's application and that the three-stage test set out in the well-known case of Denton v TH White Limited [2014] EWCA Civ 906, [2014] 1 WLR 3296 was the test which I should apply.…”
- Applied — FXF v English Karate Federation Limited & Anor 2023-07-26
“…This case highlights 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 …”
- Cited — Zhongshan Fucheng Investment Co Ltd v The Federal Republic of Nigeria 2023-07-20
“…der was significant and 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 b…”
- Applied — Simon Nigel Morton & Anor. v Julie Morton 2023-06-20
“…on to appeal against 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 May…”
- Considered — CNM Estates (Tolworth Tower) Limited v Simon Peter Carvill-Biggs & Anor 2023-05-05
“…Whether relief from sanction should be granted must be determined in accordance with the approach set out in the well-known case of Denton v T.H. White Ltd [2014] EWCA Civ 906, [2014] 1 WLR 3296, but before that approach comes into play, two prior questions must be considered. The first is whether a rule, practice direction or court …”
- Followed — Tariq Mahmood Malik v Mahboob Hussain Jr & Ors 2023-01-11
“… judgment such relief would readily have been granted for the following reasons (addressing the three stages identified in Denton v TH White [2014] 1 WLR 3296, [2014] EWCA Civ 906):…”
- Cited — Business Mortgage Finance 4 Plc & Ors v Rizwan Hussain 2022-10-04
“…[2014] EWCA Civ 906. Although Miles J was not asked to deal with it by reference to these criteria, and does not refer to them in terms, it can be seen that in his judgment he in …”
- Applied — Peter Demetriou v Mehmood Mapara & Ors. 2022-07-19
“… considering whether to extend time in relation to an application for permission to appeal, the court applies the three stage approach in Denton v TH White Ltd [2014] EWCA Civ 906, [2014] 1 WLR 906. Was the failure to comply with the time limit serious? Yes, it was. Was there a good reason for the failure? No, there was not. But I must c…”
- Applied — Saleh Ibrahim Mabrouk v John Murray 2022-07-12
“…so an application for 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. Fina…”
- Cited — Vneshprombank LLC v Georgy Ivanovich Bedzhamov 2022-06-24
“…[2014] EWCA Civ 906, [2014] 1 WLR 3296, it is well known that international sanctions have been imposed on Russian entities arising from the conflict in Ukraine. This court could …”
- Considered — Chan Mok Park v Hassan Hadi & Anor. 2022-04-29
“…As is well-known, this court in Denton v TH White Ltd [2014] EWCA Civ 906, [2014] 1 WLR 3296 set out a three-stage approach which a judge is required to take when considering an application for relief from sanctions. At [24], it was …”
- Applied — The Good Law Project (R on the application of) v The Secretary of State for Health and Social Care 2022-03-24
“…ifically, the question 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 f…”
- 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 explana…”
- 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
“…Ltd v Altomart Ltd (Practice 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 reaso…”
- Cited — AIC Ltd v The Federal Airports Authority of Nigeria 2020-11-26
“…anction, so that (despite 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
“…e of the failure to comply 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
“…e her discretion against 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 …”
- Approved — Lejonvarn v Burgess & Anor 2020-02-06
“…If there is an order for indemnity costs, then prima facie any approved budget becomes irrelevant. In Denton and Others v TH White Limited [2014] EWCA Civ 906, Lord Dyson MR and Vos LJ said at paragraph 43:…”
- Applied — Al Ahmed v London Borough of Tower Hamlets 2020-01-30
“… held that the principles 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 …”
- Considered — Uz-Zaman Munim, R (on the application of) v The Secretary of State for the Home Department 2020-01-28
“…s as to why the application was eleven months late (required to enable the court to consider whether an extension of time should be granted: Denton v T H White [2014] EWCA Civ 906).…”
- Applied — DMR v IX & Ors 2020-01-14
“…ous and it simply cannot be excused. Clearly in this regard this court must apply the principles laid down by the Court of Appeal in the case of Denton v White [2014] EWCA Civ 906, and the three stage process there enunciated must be applied.…”
- Applied — Lone v London Borough of Hounslow 2019-12-17
“…strict Judge Jacobs on 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 …”
- Cited — Cowan v Foreman & Ors 2019-07-30
“… 1.1(2)(f) (“enforcing 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
“…ng”: Abela v Baadarani [2013] 1 WLR 2043; (3) a litigant’s duty to avoid unnecessary, expensive and time-consuming satellite litigation: Denton v T H White Ltd [2014] EWCA Civ 906; and (4) the rejection of the pre-CPR practice of defendants allowing sleeping dogs to lie until such time as a claimant’s delay was sufficient to enable strik…”
- Applied — Khandanpour v Chambers 2019-04-04
“…The judge then addressed the application for relief from sanctions, applying the wellknown Denton principles (Denton v TH White Ltd [2014] EWCA Civ 906, [2014] 1 WLR 906). On the basis of his findings so far, the application was hopeless: the appellant had failed to pay £6,000 out of the £10,000 which he had b…”
- Cited — Gama Aviation (UK) Ltd v Taleveras Petroleum Trading DMCC 2019-02-07
“…ed permission to rely 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 f…”
- Cited — Gama Aviation (UK) Ltd v Taleveras Petroleum Trading DMCC 2019-02-07
“…adduce Mr School’s witness 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…”
- Cited — Croke v Secretary of State for Communities and Local Government & Anor 2019-02-01
“…to the case law relating to the seriousness and significance of breaches of procedural rules and relief from sanctions (in particular, Denton v T.H. White Ltd. [2014] EWCA Civ 906 and Mitchell v News Group Newspapers Ltd. [2013] EWCA Civ 1537). He submitted that, at the relevant time, even if an applicant had been aware of both form N208…”
- Considered — McDonald v Rose & Ors 2019-01-15
“…on ground that this is 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
“…at set out in respect 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.…”
- Explained — Green v Mears Ltd 2018-04-17
“…nton guidance. It starts 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 Sec…”
- Cited — Springer v University Hospitals of Leicester NHS Trust 2018-03-15
“…pproach to relief from 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
“…judgment.Andrews J dealt 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:…”
- Followed — Haydar v Pennine Acute NHS Trust 2018-03-06
“…her tribunals, following 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,…”
- Cited — Solanki v (Intercity Technology Ltd & Anor (Rev 1) 2018-02-09
“…n support of an application 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 a…”
- 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.…”