WITNESS STATEMENTS & SOURCES OF INFORMATION AND BELIEF: 10 KEY POINTS
We looked in an earlier post at the case of Ali -v- CIS General Insurance (29/7/2015) where a claimant’s action was struck out because of failure to give disclosure. However there was a passing comment in the judgment which demonstrated…
SERVED A COPY CLAIM FORM BY MISTAKE? THERE MAY BE A WAY OUT: BUT BE CAREFUL
In United Utilities Group PLC -v- Hart (HH Judge Wood, Liverpool County Court, 24th September 2015*) a claimant was granted a “reprieve” after having served a photocopy of the claim form by mistake. However this is another one of those…
THE DATE OF KNOWLEDGE UNDER SECTION 14A OF THE LIMITATION ACT: DELAY WHEN APPLYING TO SET JUDGMENT ASIDE
In Blakemores LDP -v- Scott [2015] EWCA Civ 999 the Court of Appeal considered issues relating to date of knowledge for the purpose of s.14A of the Limitation Act 1980 . The court also considered the impact of delay when…
CASE STRUCK OUT FOR FAILURE TO GIVE DISCLOSURE IN RELATION TO LATER ACCIDENT: RELIEF FROM SANCTIONS REFUSED
In Ali -v- CIS General Insurance 2015 WL 5037781 His Honour Judge Cryan upheld a decision striking out a claim for failure to comply with disclosure. “The failure to comply with the order for disclosure was a serious failure to…
RESPONDENT TO APPLICATION TO AMEND PLEADINGS ORDERED TO PAY COSTS BECAUSE THEY SHOULD HAVE CONSENTED
I am grateful to Tobias Haynes from Regulatory Legal solicitors for sending me details of a judgment given today in relation to the costs of amendment. This is based on Tobias’ note of the judgment which was given today (30th…
SERVICE OF THE CLAIM FORM; RELIEF FROM SANCTIONS AND CHALLENGING THE JURISDICTION: A COMPLEX MIX?
The decision of Judge Hacon in Cant -v- Hertz Corporation [2015] EWHC 2617 (Ch) raises some interesting issues. However, equally interesting, are the issues that were not addressed. In particular the issues relating to the applicability of CPR Part 11…
RELIEF FROM SANCTIONS: LATE SERVICE OF NOTICE OF FUNDING
Relief from sanctions following late service of the notice of funding was granted by Mr Justice Simon in Jackson -v- Thompson Solicitors (& others) [2015] EWHC 549 (QB). THE CASE The claimant had failed in an action against multiple defendants…
RELIEF FROM SANCTIONS IN THE TCC: LATE SERVICE OF THE PARTICULARS OF CLAIM
The judgment of Mr Justice Edwards-Stuart in North Midland Construction plc -v- Geo Networks Ltd [2015] EWHC 2384 (TCC) provides an object lesson in the dangers of delaying service of the particulars of claim. THE CASE The claimant issued two…
POST MITCHELL PRE-DENTON RELIEF FROM SANCTIONS APPEAL: MITCHELL PRINCIPLES WERE NOT HERE TO STAY
The appeal in Michael Wilson & Partners Ltd -v- Sinclair [2015] EWCA Civ 774 involves the Court of Appeal considering the Mitchell/Denton divide. KEY POINTS The Court overturned a decision, made post-Mitchell but prior to Denton, where a judge refused…
EXTENDING TIME FOR SERVING PARTICULARS OF CLAIM: AN APPLICATION AHEAD OF TIME SAVES THE DAY
In Lachaux -v- Independent Print Ltd [2015] EWHC 1847 (QB) Mr Justice Nicol considered the question of whether the court has power to prospectively order an extension of time for service of the particulars of claim. He also considered the…
RELIEF FROM SANCTIONS AND COSTS IN THE ADMINISTRATIVE COURT: NO DOUBLE STANDARDS FOR THE GOVERNMENT
In The Queen (on the application of Bhatt) -v- The Secretary of State for the Home Department [2015] EWHC 1724 (Admin) Helen Mountfield QC (sitting as a Deputy Judge) made some interesting observations in relation to the Denton principles, conduct…
RELIEF FROM SANCTIONS REFUSED FOLLOWING INADEQUATE E-DISCLOSURE:
The case of Smailes -v- McNally [2015] EWHC 1755 (Ch) has appeared in the reports before. In his judgment today His Honour Judge Pelling QC refused relief from sanctions after the claimant had failed to give adequate disclosure in compliance…
LATE WITNESS STATEMENTS IN JUDICIAL REVIEW PROCEEDINGS: DON'T GO TO COLLEGE – JUST READ THE RULES
In R (on the application of the London College of Finance & Accounting) -v- Secretary of State for the Home Department [2015] EWHC 1688 (Admin) Mr Justice Cobb made some important observations in relation to the late service of evidence…
DENTON IN THE CONTEXT OF JUDICIAL REVIEW: PUBLIC INTEREST A HIGHLY SIGNIFICANT CONSIDERATION
In The Queen (on the application of Charith Missaka Wijesinghe) -v- Secretary of State for the Home Department [2015] EWHC 1558(Admin) HH Judge Deborah Taylor (sitting as a judge of the High Court) considered the Denton principles in relation to an…
SUCCESS FEES : DEFECTIVE NOTICE OF FUNDING AND RELIEF FROM SANCTIONS: A WHOLE BUNDLE OF ISSUES
The decision of Mr Justice Edis in O’Brien -v- Shorrock & the MIB [2015] EWHC 1630 (QB) deals with a number of important issues in relation to costs, notice of funding, the backdating of conditional fee agreements and relief from sanctions. THE…
RELIEF FROM SANCTIONS, LATE WITNESS STATEMENTS AND LITIGANTS IN PERSON
The judgment of Mr Justice Warren in Chadwick -v- Burling [2015] EWHC 1610 (Ch) highlights some important issues in relation to relief from sanctions in general, and the position of litigants in person in particular. THE CASE The applicant in…
INDEMNITY COSTS AGAINST RESPONDENT IN RELIEF FROM SANCTIONS APPLICATION: WHAT A WASTE?
There is a brief report on Lawtel* of the decision of Popplewell J in Viridor Waste Management Ltd -v- Veolia Es Ltd (QBD (Comm) 22/05/2015. THE CASE The claimant was bringing an action for £27 million unjust enrichment. The claim…
HELL IT WAS IN "THAT FEBRILE TIME": OSTRICHES, MITCHELL, DENTON AND THE "BRILLIANT READJUSTMENT"
There are some interesting observations made by Lord Dyson MR in The English Experience of Access to Justice Reform. In particular the look back at the “febrile” atmosphere that Mitchell created and the rationale of the subsequent “revision” in Denton….
FAILURE TO COMPLETE PRE-TRIAL REVIEW QUESTIONNAIRE FULLY LEADS TO DEFENCE AND COUNTERCLAIM BEING STRUCK OUT
In Waterman Transport Ltd -v- Torchwood Properties Ltd [2015] EWHC 1446 (TCC) Mr Justice Akenhead entered judgment for a claimant and struck out a counterclaim after the defendant failed to file a completed pre-trial review questionnaire properly. THE CASE The…
THAT "DIFFICULT SECOND STATEMENT": IT IS HARDLY EVER GOING TO BE A HIT
The judgment in Buswell -v- Symes [2015] EWHC 1379 (QB) illustrates the dangers of “supplementary “witness statements. Real problems can occur for the party putting in the new evidence. THE CASE The claimant was seriously injured when his motorcycle was…