ANOTHER FAILED APPLICATION FOR RELIEF FROM SANCTIONS: MORE LESSONS TO LEARN

The decision in Michael –v- Middleton [2013] EWHC 2881 (Ch)   provides another example of the difficulties that arise in making an application for relief from sanctions.  However close examination of the judgment also provides some interesting lessons in conducting litigation and…

SEX & SUMMARY JUDGMENT: WHERE DOES THE BURDEN OF PROOF LIE IN ESTABLISHING A “COMPELLING REASON” WHEN DEFENDING A SUMMARY JUDGMENT APPLICATION?

The case of Sargespace –v- Eustace had a highly unusual set of facts.  However it raises an interesting question of where the burden of proof lies in an application for summary judgment where a respondent to the application wishes to…

NEW SENIOR COURT OFFICE COSTS GUIDE

The Senior Courts Costs Office has produced a comprehensive guide to costs. At 182 pages it probably contains all the procedural points you need to know. https://www.dropbox.com/s/65gbezzxz7l2zpk/SCCO%20Guide%20October%202013.pdf

HAVE YOU COMPLIED WITH AN "UNLESS ORDER"? GUIDANCE IN THE CONTEXT OF E-DISCLOSURE

A hearing on the question of whether a party has complied with an unless order is always a fraught one. The stakes are high, particularly for the party alleged to be in breach.  Here we look at compliance in relation…

RELIEF FROM SANCTIONS AND COSTS BUDGETING: THE JUDGMENT IN MITCHELL -v- NEWS GROUP NEWSPAPERS IN FULL

The full transcript of the decision of Master McCloud    in Andrew Mitchell MP –v- Express Group Newspapers [2013] EWHC 2355 (QB) is now available. The case was discussed, in outline in an earlier post,  http://civillitigationbrief.wordpress.com/2013/08/11/litigatorswant-to-work-for-nothing-then-dont-file-your-costs-budget-on-time/  but that was on the…

DO YOU NEED LETTERS OF ADMINISTRATION TO ISSUE ON BEHALF OF AN ESTATE?

A recent e-mail enquiry has led to my considering the issue of the right to issue proceedings on behalf of the estate of someone who died intestate.   The solicitor wanted to bring an action for personal injury on behalf of…

EXTENDING TIME FOR SERVICE OF PART 20 CLAIMS: WHAT IS THE RELEVANT TEST?

Applying to extend time for service of the claim form is a practice fraught with danger, even if done prospectively.  In Haskew –v- Pannone LLP (and others) the Court of Appeal considered the relevant criteria for granting an extension when…

ADMISSIONS AND THE PORTAL: HOW WILL THE COURTS CONSTRUE PROCEDURAL ISSUES ARISING UNDER THE RTA PROTOCOL?

How significant are admissions made under the MOJ portal and what is their practical significance?  A close look at the case of Ullah –v- Jon and its significance in relation to construction of the RTA Protocol.   I am grateful…

SANCTIONS AND DEFAULT: THE NEW APPROACH IN PRACTICE. THE FULL TRANSCRIPT OF BAKER -v- HALLAM ESTATES

The post yesterday looked at the duties owed by an applicant making a without notice application. The full transcript of the case is now available and contains some salutary observations.   Baker –v- Hallam Estates Baker -v- Hallam Estates [2013]…

THE DANGERS OF WITHOUT NOTICE APPLICATIONS: THE WHOLE TRUTH IS THE ONLY OPTION

Since the advent of CPR 3.3 and  CPR 23.8 and 9 there appears to have been a growth in the number of applications made without notice.  Two recent cases highlight the very onerous duty on a party making such an…

DOES THE CIVIL LITIGANT HAVE HUMAN RIGHTS? CPR 3.9, ARTICLE 6 AND THE RIGHT TO A FAIR TRIAL

This post looks at the case law relating to Article 6 and the right to a fair trial in civil proceedings. It looks at whether decisions under the new CPR 3.9 need to consider the issue of “proportional response”.  …

APPLYING TO SET ASIDE WITHOUT NOTICE ORDERS: BE QUICK: BE VERY QUICK

This post looks at the power the courts have to make costs orders when making an order of its own motion or without notice to one party.  A party attempting to challenge or vary such an order must act promptly….

SERVICE OF A COPY CLAIM FORM IS NOT GOOD SERVICE: HOW COULD THIS BENEFIT A CLAIMANT?

This post looks at the unusual case of  Hills Construction –v- Struth [2013] EWHC 1693 (TCC) which considered issues relating to service of the claim form and extensions of time for service of the Particulars of Claim.   The facts…

FAILURE TO COMPLY WITH CPR: CAN BITE DEFENDANTS TOO!

This post looks at the decision in Dass –v- Dass where the defendant was refused permission to rely upon medical experts because they had not been served in accordance with court directions.  Many of the recent cases in relation to…

NEW FORM H FROM 1st OCTOBER 2013

One important change introduced from the 1st October is a slightly revised Form H.   A copy  of the new Form H can be found here http://www.justice.gov.uk/courts/procedure-rules/civil/pdf/preview/precedent-h.pdf The explanation of the Practice Direction amendments is at http://www.justice.gov.uk/courts/procedure-rules/civil/pdf/update/update-66-pd-making-document.pdf   A useful summary of…

AMENDMENTS TO THE CIVIL PROCEDURE RULES: EASY ACCESS TO CHANGES AND UPDATED RULES

There have been seven amendments to the Civil Procedure Rules so far this year. In an attempt to give easy access to the amendments They are http://www.legislation.gov.uk/uksi/2013/262/contents/made http://www.legislation.gov.uk/uksi/2013/515/contents/made http://www.legislation.gov.uk/uksi/2013/789/contents/made http://www.legislation.gov.uk/uksi/2013/1412/contents/made http://www.legislation.gov.uk/uksi/2013/1412/contents/made http://www.legislation.gov.uk/uksi/2013/1695/contents/made http://www.legislation.gov.uk/uksi/2013/1974/contents/made   If you want to see the…

RELIEF FROM SANCTIONS: THE KEY DATE FOR IMPLEMENTATION OF THE NEW CPR 3.9

This post deals with misunderstandings that appear to be in place as to which cases the new CPR 3.9 provisions on relief from sanctions apply to. In particular whether the key date is the date of issue of proceedings or…