The Defendants to a claim for some US$45 million successfully obtained relief from sanctions under CPR r.3.9 from Hamblen J on 13 February 2014. The non-compliance was trivial. The judgment provides valuable guidance on the approach of the Commercial Court to the Court of Appeal's guidance on such applications in Mitchell v News Group Newspapers Ltd  EWCA Civ 1537. The Court also confirmed that sufficient disclosure was given if the list provided was neither "illusory" nor provided with a "lack of good faith".
In its judgment on costs, the court ruled that in view of the Claimant's conduct, the bulk of the costs incurred should be for the Claimant to bear (although applicants should ordinarily pay the costs of such applications).
Josephine Davies acted for the Defendants (instructed by Cooke Young and Keidan)