SERVICE OF DOCUMENTS BY E-MAIL: A USEFUL BLAST FROM THE PAST
The problems of serving by e-mail have been discussed several times on this blog. The need for the recipient to “opt in” to receipt coupled with potential problems in proving service can give rise to difficulties. I know from e-mails…
TEN LIMITATION MYTHS THAT EVERY PERSONAL INJURY LAWYER SHOULD KNOW
I am giving a webinar for CLT on the 4th March. Booking details can be found here “Limitation and PI Claims: 10 Myths that Every Practitioner Should Know” This webinar identifies and debunks 10 of the most common myths and…
NEW RULES OF COURT: COMING INTO FORCE 1st & 6th APRIL: NEW "STAKEHOLDER" RULES
The Civil Procedure (Amendment) Rules were passed yesterday. There is a whole mass of detail. NEW “STAKEHOLDER” PROVISIONS One interesting aspect is the introduction of a new CPR Part 86 new “Stakeholder” provisions. These replace the old High Court…
JUDGES ARE NOT ADMINISTRATORS: VIEWS FROM THE TELEGRAPH: THE STRANGE NEW CONCEPT OF "JUSTICE"
I put up a number of posts and articles in the recent articles and posts section of the blog most days. I will, occasionally, draw attention to a particular post. Today I have to draw attention to the article in…
HOW TO COMPLAIN ABOUT PROBLEMS WITH THE COURT SERVICE: A MODEL LETTER
Following the blog posts about troubles with the court about issue and secret letters which appear to govern how proceedings can be issued came the following comment from Dominic Cooper of I E Legal. “It surprises me that any of…
WAHID -v- SKANSKA: FULL TRANSCRIPT NOW AVAILABLE
I set out the result of this case in some detail in an earlier post. At that time the transcript of the case (which relates to compliance with peremptory orders) was not available. The transcript is now available on…
REFUSAL OF EXTENSION OF TIME TO SERVE PARTICULARS OF CLAIM: AEI –v- ALSTOM UK CONSIDERED
Cases relating to relief from sanctions are being reported on a daily basis. Here we look at the decision yesterday of Mr Justice Smith in Associated Electrical Industries Ltd –v- Alstom Ltd [2014] EWCA Civ 4330 (Com). A case where…
CIVIL PROCEDURE AND THE SECRET STATE: HOW FAR CAN IT GO?
Yesterday I wrote of problems when the court was refusing to issue proceedings alleging (wrongly) that they were statute barred. It is becoming frightening that important issues of law are being made (or purportedly made) by administrators. This led to…
TROUBLES WITH THE COURT: REFUSING TO ISSUE AND STRIKING OUT BECAUSE OF ALLEGED LIMITATION ISSUES: MORE EXAMPLES AND CASE LAW THAT MAY HELP
Hot on the heels of the complaint about the court wrongfully striking out an action came another, remarkable story about the court refusing to issue proceedings because of alleged limitation issues. THE REMARKABLE STORY Here it is in its original…
HEAD TURNING, NAVIGATION AND MITCHELL PART 2: A CLOSER EXAMINATION OF SUMMIT NAVIGATION
I set out the main part of the judgment of Leggatt J in Summit Navigation Ltd –v- Generali Romani [2014] EWHC (Comm) yesterday. Here I look at the salient parts of the judgment and highlight the very real dilemma that…
“STANDING MITCHELL ON ITS HEAD”: YOU SHOULDN’T EVEN BE TAKING THE POINT SAYS HIGH COURT JUDGE: WHY LITIGATORS ARE LIVING WITH THE MITCHELL DILEMMA
Some of the (repeatable) epithets used to describe the consequence of the Mitchell judgment are “mayhem” “madness” and “mess”. In Summit Navigation Ltd-v- Generalia Romonia [2014] EWHC 398 (Comm) Mr Justice Legatt was critical of a party who took a…
RELIEF FROM SANCTIONS GRANTED FOLLOWING LATE SERVICE OF WITNESS STATEMENTS: CHARTWELL MAY BODE WELL IN SOME CASES
The case of Chartwell Estate Agents –v- Fergies Properties Ltd (QBD Globe J 18/02/2014) is reported in brief on Lawtel this morning. It is an example of the court granting relief from sanctions following late service of witness statements. This…
DELAYING SERVICE OF THE CLAIM FORM: “DICING WITH PROCEDURAL DEATH”: ANOTHER EXAMPLE OF A CLAIMANT BUILDING PROBLEMS FOR ITSELF
There are real dangers in leaving service of the claim form until the last moment. The Lincolnshire case considered here exemplifies the problems. . The judge pulled no punches in relation to the risks being run by those who…
HAVE YOU BEEN "MITCHELLED"? THE PROBLEMS OF WITHOUT NOTICE ORDERS: A WORKING EXAMPLE
I am grateful to Simon Baskind from Cohen Cramer solicitors in Leeds for the following account of a “Mitchell” problem. ACTION STRUCK OUT BY THE COURT FOR NO GOOD REASON “I know we are all probably suffering from Mitchell overload…
SURVIVING MITCHELL A LITIGATOR’S GUIDE: A 10 POINT RECAP OF KEY POINTS TO DATE (WITH 10 MORE TO FOLLOW).
Cases on the Mitchell principles are reported almost on a daily basis. It is difficult to keep track. Here I recap on the key points of surviving Mitchell. I am sure there are many more to come. Here are 10…
FREEZING ORDERS AND THE DUTIES OWED ON EX PARTE APPLICATIONS: NUCLEAR WEAPONS THAT CAN BLOW UP IN YOUR FACE
COOKE -v- VENULUM PROPERTY INVESTMENTS LTD [2013] EWHC 4288 Freezing orders are part of the “nuclear weapons” of civil litigation. As such they should be approached with extreme care. This case illustrates the dangers involved when a party seeks a…
RELIEF FROM SANCTIONS GRANTED: DID THE COURT OF APPEAL TURN A BLIND EYE TO MITCHELL? NELSON -v- CIRCLE CONSIDERED
It is unusual to see the Court of Appeal granting relief from sanctions without reference to CPR 3.9 or the decision in Mitchell. That is precisely what happened in Nelson –v- Circle Thirty Three Housing Trust Ltd [2014] EWCA Civ…
OPINION ON MITCHELL: ARTICLE IN PERSONAL INJURY FOCUS
I decided from the outset that this blog will be a medium for information rather than opinion.However Rachel Rothwell asked me to write an article for the Association of Personal Injury Lawyers Personal Injury Focus. She wanted my opinions. The…
HAVE YOU COMPLIED WITH A PEREMPTORY ORDER? A FURTHER HIGH COURT DECISION ON BREACH & SANCTIONS
WAHID AND SHADKAM –V- SKANSKA UK PLC AND RIVERSTONE INSURANCE [2014] EWHC 251 (QB) (Mrs Justice Slade DBE). (This case has not yet been reported on Bailli and I will deal with the facts in some detail). THE FACTS This…
REMEMBERING THAT CASE MANAGEMENT HAS A POINT AND PURPOSE: A WORKING EXAMPLE OF PROBLEMATIC PREPARATION
In the furore that now surrounds civil procedure it is often forgotten that the rules of civil procedure are a means to an end. That end being that there IS a fair trial on the disputed issues between the parties,….