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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2014 » April » 19

SURVIVING MITCHELL 17: MAKE ANY APPLICATION BEFORE DEFAULT AND OBTAIN REALISTIC DIRECTIONS

April 19, 2014 · by gexall · in Avoiding negligence claims, Civil Procedure, Members Content, Relief from sanctions, Risks of litigation

It is no coincidence that Rule 17 is identical to Rule 3.  In fact I could easily, and without apology, repeat this principle as rules 10 – 20.  If you cannot comply with a court order, direction or rule then…

MAKING AN APPLICATION BEFORE THE DATE OF DEFAULT SAVES THE DAY: KANERIA -v- KANERIA CONSIDERED

April 19, 2014 · by gexall · in Applications, Civil Procedure, Members Content, Relief from sanctions, Striking out, Witness statements

The Mitchell principles govern what happens when a party requires relief from sanctions.  An open question remained as to the principles  that apply  when a party applies for an extension of time before the expiry of the date for compliance….

THE CONSEQUENCES OF CHARTWELL 1: JUST DON'T EVER SERVE WITNESS STATEMENTS LATE

April 19, 2014 · by gexall · in Civil evidence, Civil Procedure, Members Content, Relief from sanctions, Uncategorized, Witness statements

It is highly dangerous for litigators to view the  decision of the Court of Appeal in Chartwell -v- Fergies as any kind of step away from the Mitchell principles.  The case has already been outlined in detail in an earlier post….

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