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…

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…

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]…

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”.  …

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…