QB-2019-002737 - [2025] EWHC 2603 (KB)

Application for relief from sanctions

Sensitive Site 300 was only served on 1 October 2025 as it had been overlooked by the Claimant. An application was made during the course of the hearing (with written notice filed later that day) for relief from sanctions.

Applying the three-stage test in Denton v TH White Ltd [2014] EWCA Civ 906, the Claimant accepted that the breach of the order requiring service was serious and significant. The reasons advanced for the default were, as I have explained, that it was an oversight by the Claimant. Any prejudice to Unknown Persons that might be affected by the failure to serve that Sensitive Site could be cured by suspending the operation of the injunction as it affects that site for 28 days. That was the course adopted by Garnham J where there was a similar defect in service in respect of one site in Rochdale MBC v Persons Unknown [2025] EWHC 1314 (KB) (“Rochdale”): see [5] and [81] of that judgment.

Having considered the three stage Denton test, I will grant relief from sanctions but, as in Rochdale, the appropriate and proportionate response to this defect in service is to suspend the operation of the injunction as it affects Sensitive Site 300 for 28 days.