This section looks at decisions in relation to relief from sanctions and the general principles of CPR 3.9. Often there are links to the decisions themselves, together with links to posts on this blog. A USEFUL GUIDE – BY SUBJECT…
For the second time today I am reporting on a successful application for relief from sanctions. In Melars Group Ltd v East-West Logistics LLP [2021] EWHC 874 (Ch) Mr Justice Adam Johnson granted an appellant relief from sanctions following a…
In Soriano v Forensic News LLC & Ors [2021] EWHC 873 (QB) Mr Justice Johnson granted relief from sanctions to a defendant who served witness evidence late. However the defendant’s failures were serious and significant and the defendant had no…
In Burleigh House (PTC) Ltd v Irwin Mitchell LLP [2021] EWHC 834 (QB) Deputy Master Hill QC allowed a defendant’s application for summary judgment. The defendant solicitor’s terms and conditions contained a prohibition against the assignment. The current claimant was…
In Persimmon Homes Ltd & Anor v Osborne Clark LLP & Anor [2021] EWHC 831 (Ch) Master Kaye provides a “cut out and keep” guide for anyone involved in attempting to vary a costs budget. There are important points made…
The post earlier this morning on the warnings given in Finvest Holdings Sarl -v- Lovering [2021] 3WLUK 579 inrelation to inaccurate time estimates has led to some responses on Twitter. Practitioners have highlighted the difficulties, a judge expressed their concern that…
There is another aspect of the judgment in Finvest Holdings Sarl -v- Lovering [2021] 3WLUK 579 HHJ Pelling (sitting as a High Court Judge) that merits examination. The judgment emphasised the need for accurate time estimates. THE CASE The judge…
Another aspect of the judgement of Master Davison in Mustard v Flower & Ors [2021] EWHC 846 (QB) was a decision in relation to expert evidence. The Master refused the claimant’s application to rely on amended medical reports. Those reports…
In Mustard v Flower & Ors [2021] EWHC 846 (QB) Master Davison refused a defendant’s application to amend its defence to plead fundamental dishonesty on a “contingent” basis. The judgment deals with important issues as to how a defendant must…
In Finvest Holdings Sarl -v- Lovering [2021] 3WLUK 579 HHJ Pelling (sitting as a High Court Judge) granted a claimant relief from sanctions when the claimant failed to comply with a peremptory order. There is a detailed discussion of the…
An earlier post looked at the decision of Mr Justice Mostyn in Bux v The General Medical Council [2021] EWHC 762. Part of that judgment dealt with the duties of experts to disclose an interest they have in the case. This…
The post yesterday covering a case where counsel’s advice was altered led to some interesting discussions on Twitter. This led to a thread where one lawyer said that they had not been taught how to instruct counsel at any time…
In Barrow & Ors v Merret & Anor [2021] EWHC 792 (QB) Richard Hermer QC (sitting as a Deputy High Court Judge) considered the guidance given in Gestmin in the context of a road traffic accident. It is a reminder…
In Berkeley Square Holdings Ltd & Ors v Lancer Property Assets Management Ltd & Ors (Claimant amendment application) (Rev 1) [2021] EWHC 750 (Ch) Mr Robin Vos (sitting as a judge of the Chancery Division) rejected an argument that a…
Someone reading counsel’s advice would normally assume that they were reading all of it. There is a danger (I have not seen before) of advices being altered before being passed on. In Equitable Law Capital, Re [2021] EWHC 763 (Ch)…
The judgment of HHJ Hodge QC (sitting as a High Court judge) in Wigan Borough Council v Scullindale Global Ltd & Ors [2021] EWHC 779 (Ch) has much of interest. The judge’s observation that “one of the particular pleasures of…
In Sir Henry Royce Memorial Foundation v Hardy [2021] EWHC 817 (Ch) HHJ Paul Matthews (sitting as a High Court judge) awarded indemnity costs against a litigant in person. “There are not two sets of rules for litigation in this…
In SKX v Manchester City Council [2021] EWHC 782 (QB) Mr Justice Cavanagh considered the exercise of the discretion under Section 33 in the context of a claim for sexual abuse. The context was somewhat unusual in that the judge…
In Mather v Ministry of Defence [2021] EWHC 811 (QB) Mr Justice Freedman refused the claimant’s application for a split trial. “The law reports are littered with cases where a preliminary issue seemed a good cost-saving exercise, but where…
Today is April 1st. The headline to this post may be slightly deceptive, but for good reason. I wanted an opportunity to thank the many dozens of people who were kind enough to support my 10,000 steps a day in…
My colleagues Craig Ralph and Andrew Hogan have delivered a webinar “Personal Injury Costs 2021” which is now available on the Kings Chambers website. THE WEBINAR The webinar takes you through the hot topics relating to personal injury costs. …