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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers, Leeds, Manchester & Birmingham. 4-5 Gray's Inn Square, London.

SANCTIONS: CASE WATCH

SANCTIONS: CASE WATCH

December 12, 2013 · by gexall · in Appeals, Civil Procedure, Relief from sanctions, Useful links

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…

COURT GRANTS RELIEF FROM SANCTIONS: "IT IS UNFAIR... TO BE CRITICAL OF A PARTY FOR FAILING TO MEET A DEADLINE THAT WAS ALREADY UNLIKELY TO BE ANYWAY, WHATEVER STEPS HAD BEEN TAKEN TO COMPLY WITH IT"

COURT GRANTS RELIEF FROM SANCTIONS: “IT IS UNFAIR… TO BE CRITICAL OF A PARTY FOR FAILING TO MEET A DEADLINE THAT WAS ALREADY UNLIKELY TO BE ANYWAY, WHATEVER STEPS HAD BEEN TAKEN TO COMPLY WITH IT”

April 13, 2021 · by gexall · in Appeals, Applications, Relief from sanctions

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…

THE DANGERS OF LEAVING SERVICE OF EVIDENCE UNTIL THE LAST MINUTE: DEFENDANT MISCALCULATED TIME WITNESS STATEMENTS DUE - REQUIRED RELIEF FROM SANCTIONS

THE DANGERS OF LEAVING SERVICE OF EVIDENCE UNTIL THE LAST MINUTE: DEFENDANT MISCALCULATED TIME WITNESS STATEMENTS DUE – REQUIRED RELIEF FROM SANCTIONS

April 13, 2021 · by gexall · in Applications, Civil Procedure, Relief from sanctions, Witness statements

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…

LIABILITY UNDER SOLICITOR’S RETAINER COULD NOT BE ASSIGNED: DEFENDANT OBTAINS SUMMARY JUDGMENT IN ALLEGED NEGLIGENCE ACTION

April 12, 2021 · by gexall · in Applications, Avoiding negligence claims, Summary judgment

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…

APPLICATIONS TO VARY A COSTS BUDGET: SIGNIFICANT DEVELOPMENTS, PROMPTNESS AND CPR 3.15A: A JUDGMENT THAT EVERY CIVIL LITIGATOR HAS TO READ

APPLICATIONS TO VARY A COSTS BUDGET: SIGNIFICANT DEVELOPMENTS, PROMPTNESS AND CPR 3.15A: A JUDGMENT THAT EVERY CIVIL LITIGATOR HAS TO READ

April 12, 2021 · by gexall · in Applications, Costs, Costs budgeting

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…

TIME ESTIMATES FOR APPLICATIONS: THE PROBLEMS, THE CASE LAW AND SOME GUIDANCE

TIME ESTIMATES FOR APPLICATIONS: THE PROBLEMS, THE CASE LAW AND SOME GUIDANCE

April 12, 2021 · by gexall · in Applications, Case Management, Civil Procedure

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…

INACCURATE TIME ESTIMATES CAN LEAD TO COSTS PENALTIES: A REMINDER

INACCURATE TIME ESTIMATES CAN LEAD TO COSTS PENALTIES: A REMINDER

April 12, 2021 · by gexall · in Applications, Civil Procedure

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…

THE APPROPRIATE STEPS WHEN A JUDGE HAS LIMITED THE SCOPE OF EXPERT EVIDENCE: COMPLY WITH COURT ORDERS IF YOU WANT TO KEEP A GOOD IMAGE

THE APPROPRIATE STEPS WHEN A JUDGE HAS LIMITED THE SCOPE OF EXPERT EVIDENCE: COMPLY WITH COURT ORDERS IF YOU WANT TO KEEP A GOOD IMAGE

April 12, 2021 · by gexall · in Case Management, Civil evidence, Expert evidence, Experts

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…

DEFENDANT NOT PERMITTED TO PLEAD FUNDAMENTAL DISHONESTY ON A SPECULATIVE OR CONTINGENT BASIS

DEFENDANT NOT PERMITTED TO PLEAD FUNDAMENTAL DISHONESTY ON A SPECULATIVE OR CONTINGENT BASIS

April 9, 2021 · by gexall · in Amendment, Fundamental Dishonesty, Statements of Case

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…

HIGH COURT GRANTS RELIEF FROM SANCTIONS FOLLOWING BREACH OF PEREMPTORY ORDER: IMPACT OF COVID CONSIDERED

HIGH COURT GRANTS RELIEF FROM SANCTIONS FOLLOWING BREACH OF PEREMPTORY ORDER: IMPACT OF COVID CONSIDERED

April 8, 2021 · by gexall · in Applications, Avoiding negligence claims, Peremptory orders, Relief from sanctions

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…

EXPERTS, CONFLICTS OF INTEREST AND THE DUTY OF DISCLOSURE: A REVIEW OF THE RULES AND CASES: HOW EXPERTS CAN AVOID HITTING THE NET

EXPERTS, CONFLICTS OF INTEREST AND THE DUTY OF DISCLOSURE: A REVIEW OF THE RULES AND CASES: HOW EXPERTS CAN AVOID HITTING THE NET

April 8, 2021 · by gexall · in Civil evidence, Civil Procedure, Credibility of experts, Expert evidence, Experts

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…

HOW TO INSTRUCT COUNSEL: USEFUL GUIDES: "DO NOT MAKE YOUR INSTRUCTIONS FLUFFY"

HOW TO INSTRUCT COUNSEL: USEFUL GUIDES: “DO NOT MAKE YOUR INSTRUCTIONS FLUFFY”

April 7, 2021 · by gexall · in Civil evidence, Civil Procedure

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…

"VARIOUS WITNESSES CAN ALL GIVE HONEST BUT NEVERTHELESS CONFLICTING ACCOUNTS OF A GIVEN EVENT": GESTMIN PRINCIPLES CONSIDERED IN THE CONTEXT OF A ROAD TRAFFIC ACCIDENT

“VARIOUS WITNESSES CAN ALL GIVE HONEST BUT NEVERTHELESS CONFLICTING ACCOUNTS OF A GIVEN EVENT”: GESTMIN PRINCIPLES CONSIDERED IN THE CONTEXT OF A ROAD TRAFFIC ACCIDENT

April 6, 2021 · by gexall · in Civil evidence, Civil Procedure, Personal Injury, Witness statements

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…

GENERAL RESPONSE IN A REPLY DOES NOT AMOUNT TO AN ADMISSION: HIGH COURT DECISION

GENERAL RESPONSE IN A REPLY DOES NOT AMOUNT TO AN ADMISSION: HIGH COURT DECISION

April 6, 2021 · by gexall · in Admissions, Amendment, Statements of Case

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…

WHEN COUNSEL’S ADVICE WAS ALTERED (WITHOUT COUNSEL’S CONSENT): CAVEATS REMOVED BEFORE BEING SHOWN TO INTERESTED PARTIES

April 6, 2021 · by gexall · in Civil evidence, Civil Procedure, Disclosure

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)…

PROVING THINGS 208: IMPACT OF COVID MEANS THAT THE CLAIMANT HAS LOST NOTHING AND DEFENDANT GAIN NOTHING: NO AWARD FOR THE CLAIMANT'S "LOSSES"

PROVING THINGS 208: IMPACT OF COVID MEANS THAT THE CLAIMANT HAS LOST NOTHING AND DEFENDANT GAIN NOTHING: NO AWARD FOR THE CLAIMANT’S “LOSSES”

April 1, 2021 · by gexall · in Civil Procedure, Damages

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…

"THERE ARE NOT TWO SETS OF RULES FOR LITIGATION IN THIS JURISDICTION": COURT AWARDS INDEMNITY COSTS AGAINST A LITIGANT IN PERSON

“THERE ARE NOT TWO SETS OF RULES FOR LITIGATION IN THIS JURISDICTION”: COURT AWARDS INDEMNITY COSTS AGAINST A LITIGANT IN PERSON

April 1, 2021 · by gexall · in Conduct, Costs

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…

SECTION 33 DISCRETION CONSIDERED IN THE CONTEXT OF A SEXUAL ABUSE CLAIM

April 1, 2021 · by gexall · in Limitation, Personal Injury

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…

A SPLIT TRIAL IS NOT ALWAYS A GOOD IDEA: ORDERS MADE WITH THE BEST OF INTENTIONS CAN PROVE TO BE A COSTLY EXERCISE

A SPLIT TRIAL IS NOT ALWAYS A GOOD IDEA: ORDERS MADE WITH THE BEST OF INTENTIONS CAN PROVE TO BE A COSTLY EXERCISE

April 1, 2021 · by gexall · in Applications, Case Management

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…

LAWYER 1706% OUT IN ESTIMATE OF COSTS - AND ASSERTS THAT'S A GOOD THING: PAH

LAWYER 1706% OUT IN ESTIMATE OF COSTS – AND ASSERTS THAT’S A GOOD THING: PAH

April 1, 2021 · by gexall · in Charity, Well being

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…

PERSONAL INJURY COSTS 2021: WATCH THE "SAINT AND GREAVSIE" OF THE COSTS BAR

PERSONAL INJURY COSTS 2021: WATCH THE “SAINT AND GREAVSIE” OF THE COSTS BAR

March 31, 2021 · by gexall · in Costs, Costs budgeting, Personal Injury

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. …

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  • COURT GRANTS RELIEF FROM SANCTIONS: “IT IS UNFAIR… TO BE CRITICAL OF A PARTY FOR FAILING TO MEET A DEADLINE THAT WAS ALREADY UNLIKELY TO BE ANYWAY, WHATEVER STEPS HAD BEEN TAKEN TO COMPLY WITH IT”
  • THE DANGERS OF LEAVING SERVICE OF EVIDENCE UNTIL THE LAST MINUTE: DEFENDANT MISCALCULATED TIME WITNESS STATEMENTS DUE – REQUIRED RELIEF FROM SANCTIONS
  • LIABILITY UNDER SOLICITOR’S RETAINER COULD NOT BE ASSIGNED: DEFENDANT OBTAINS SUMMARY JUDGMENT IN ALLEGED NEGLIGENCE ACTION
  • APPLICATIONS TO VARY A COSTS BUDGET: SIGNIFICANT DEVELOPMENTS, PROMPTNESS AND CPR 3.15A: A JUDGMENT THAT EVERY CIVIL LITIGATOR HAS TO READ
  • TIME ESTIMATES FOR APPLICATIONS: THE PROBLEMS, THE CASE LAW AND SOME GUIDANCE

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  • THE DANGERS OF LEAVING SERVICE OF EVIDENCE UNTIL THE LAST MINUTE: DEFENDANT MISCALCULATED TIME WITNESS STATEMENTS DUE - REQUIRED RELIEF FROM SANCTIONS
  • COURT GRANTS RELIEF FROM SANCTIONS: "IT IS UNFAIR... TO BE CRITICAL OF A PARTY FOR FAILING TO MEET A DEADLINE THAT WAS ALREADY UNLIKELY TO BE ANYWAY, WHATEVER STEPS HAD BEEN TAKEN TO COMPLY WITH IT"
  • APPLICATIONS TO VARY A COSTS BUDGET: SIGNIFICANT DEVELOPMENTS, PROMPTNESS AND CPR 3.15A: A JUDGMENT THAT EVERY CIVIL LITIGATOR HAS TO READ
  • LIABILITY UNDER SOLICITOR'S RETAINER COULD NOT BE ASSIGNED: DEFENDANT OBTAINS SUMMARY JUDGMENT IN ALLEGED NEGLIGENCE ACTION
  • TIME ESTIMATES FOR APPLICATIONS: THE PROBLEMS, THE CASE LAW AND SOME GUIDANCE

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