In the judgment of Wolf Rock (Cornwall) Ltd v Langhelle  EWHC 2500 (Ch), HHJ Matthews at  held that even where a court order does not provide for any express sanction for late service of evidence, the court’s permission is required to rely upon it. The Denton principles apply to the application for such permission.
The Judge considered that the pertinent point on the facts was that a timetable had been set down for the filing and service of evidence prior to a hearing, which had been breached. An application for relief from sanctions was necessary because the case was to be treated analogously to cases wherein sanctions are expressly imposed by a court order.
Credit goes to Gordon Exall for his blog entry on this case.