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DISPUTES ADVOCACY - Coggle Diagram

- - - - Consideration of letters served after trial but before judgment
      - The letters were admitted as evidence to allow resolution of all relevant issues
    - - Status of a new document that becomes available after filing directions??
        
        It is not considered 'late' and it is a question of permission
- - - - Releif from sanctions was granted despite the serious and significant failure to comply
    - - The breach was serious or significant by the orderly litigation process was not threatened
    - - Strict Interpretation where compliance with rules is paramount
    - - Retrospective extensions must satisfy Denton test
  - - - Refines stricter stance from Mitchell v News Group [2013]
      - Step 1- Whether breach was serious or significant
      - Step 2-Justify the failure and determining if there was a valid reason of if the delay was avoidable
      - Step 3- Considering all circumstances including procedural efficiency and compliance
      - Set of words to help remember Denton-
        
        Reasoning, Analysis, Decision Making, Weighing up fairness, Proportionality, Compliance, Discretion
- - - - If the complexity and urgency of a case influcence whether a more structured track is required
      - If a claim requires detailed case management, expert evidence, extensive disclosure, it may need allocation to Fast Track or Multi Track
    - - Legal or public significance can affect track selection
    - - More parties= complex proceedings
    - - Estimated costs of litigation impact allocation, ensuring proportionality... if costs exceed the typical limit for a track, claim may be upgraded to ensure adequate case management
    - - Legal and factual complexity, of a case affects procedural structure- complex legal anaylsis is Mutli Track
    - - Small Claims up to £10,000
      - Fast Track 10k-25k
      - Multi-Track over 25k
    - - If parties fail to cooperate the court may opt for tighter case management...
    - - Considerations related to protected parties, disabilities or undue influence