CPR 3.9: MITCHELL AND APPLYING TO JOIN GROUP LITIGATION: HOLLOWAY -v- TRANSFORM MEDICAL GROUP
In Holloway -v- Transport Medical Group [2014] EWHC 1641 (QB) Mrs Justice Thirlwall DBE considered whether the “Mitchell” principles applied to late applications to join the register of claims following a Group Litigation Order. THE JUDGMENT The judgment is available…
SETTING ASIDE A DEFAULT JUDGMENT AFTER MITCHELL: WHAT IS THE APPROPRIATE TEST?
There has been much discussion of whether the Mitchell principles impact upon an application have a default judgment set aside. There are some cases that indicate that the amended CPR 3.9 should be taken into account in relation to a…
“A DISMAL CATALOGUE OF CONFUSION AND ERROR”: SERVICE OF THE CLAIM FORM, COURT ERRORS AND OTHER MISHAPS
An article in the Law Society Gazette this week reported a denial by the Ministry of Justice that the civil court system had been affected by austerity. Perhaps the MOJ should read the decision in Stoute -v- LT Operations Ltd…
RELIEF FROM SANCTIONS, PRISONS AND SANITATION
The issue of relief from sanctions was considered by Mr Justice Hickinbottom in Ashton (et al) -v- The Ministry of Justice [2014] EWHC 1624 QB. THE FACTS A large number of prisoners were bringing actions under the European Convention alleging…
A TWO DAY BREACH IS "TRIVIAL": ANOTHER CASE WHERE RELIEF FROM SANCTIONS GRANTED AFTER LATE SERVICE OF COSTS BUDGET
In Azure East Midlands Ltd -v- Manchester Aiport Group Ltd [2014] EWHC 1644 (TCC) His Honour Judge Grant made an order for relief from sanctions where a costs budget was served two days late. THE BREACH The claimant filed its…
MITCHELL CASES: HAVING A TAXING TIME? THREE CASES CONSIDERED IN THE TAX CHAMBER
The “Mitchell” principles have been adopted in other tribunals, not least the First Tier Chamber Tax Tribunal. There are three recent cases where the Mitchell principles have been considered extensively by the Tribunal. The principles have had a major impact…
JACKSON L.J. ON AGREEING EXTENSIONS OF TIME AND DEFAULT COSTS CERTIFICATES: IMPORTANT DEVELOPMENTS
I have already dealt with the rules to be introduced next month in relation to the parties being able to agree extensions of time in civil proceedings. Today Jackson L.J. made it clear that it was never part of his…
SERVICE OF THE CLAIM FORM: SERVICE AT “LAST KNOWN” ADDRESS: MORE DANGEROUS POINTS TO WATCH
Following the previous posts as to issues and problems relating to service of the claim form some responses have highlighted the difficulties of service at the “last known address”. The rules here are somewhat complex, a detailed knowledge is necessary….
SERVICE OF PROCEEDINGS: THE "ESSENTIAL CHECKLIST"
In earlier posts I have described how groups of litigators got together earlier this week to draft essential “safety” checklists for key elements of civil procedure. Here we have the checklist for service of proceedings. THE TEAM This checklist was…
SERVICE OF THE CLAIM FORM: THE TIME FOR SERVICE AND THE ADDRESS FOR SERVICE: ESSENTIAL POINTS BEFORE THE ESSENTIAL CHECKLIST
In an earlier post I described the work done on a recent course when delegates developed checklists designed to avoid problems in key areas of civil procedure. I was planning to put the checklists up individually. However in social media…
SKELETON ARGUMENTS: MORE EXAMPLES ON LINE: YOU CAN HAVE COTTON IF YOU CAN'T HAVE SILK
I have posted recently about judicial exasperation about the length of skeleton arguments, with the costs of the skeletons being disallowed in full. One difficulty that many students and junior practitioners face is that there are few skeleton arguments that…
YOU CAN AGREE TO EXTEND TIME – BUT BE VERY CAREFUL: FIVE DANGER POINTS EXPLORED
There is some relief for litigators (and the courts to be honest) now that parties (from the 5th June) are allowed to extend time. However the new rules introduce some potential traps. It is wise to be aware of these…
AGREEMENTS TO EXTEND TIME: THE NEW RULES IN FULL
It required a statutory instrument to reinstate the ability to extend time that the Jackson Report never intended to take away. THE NEW RULES The Civil Procedure (Amendment No 5) Rules 2014 come into force on the 5th June 2014….
SURVIVING MITCHELL 18: RECOGNISING THAT 99.8% OF LITIGATORS ARE STARK RAVING BONKERS
There is a growing trend of “cannibalism” in the legal profession. Advertisements on my local radio station this morning were asking “do you want to sue your lawyer”? What is the legal profession doing to protect itself? The answer is…
STANDING UP FOR COURT STAFF: WE ARE ON THE SAME SIDE AND CAN'T LIVE WITHOUT THEM
I have, several times, commented on the strange decisions that appear to be being made by court staff carrying out administrative functions. However one of the major challenges for all those involved in the litigation process is going to be…
MASSIVE DELAY, SETTING ASIDE JUDGMENT AND THE MITCHELL PRINCIPLES: MID-EAST SALES LTD –v- UNITED ENGINEERING & THE ISLAMIC REPUBLIC OF PAKISTAN CONSIDERED
One of the many moot points that arise from Mitchell is how far the amendment to the overriding objective and CPR 3.9 impact upon applications to have judgment set aside. This issue was considered by Burton J in Mid-East Sales…
SKELETON ARGUMENTS: IF YOU DON'T DO THEM PROPERLY YOU WON'T GET PAID!
The judicial review/planning law case of Secretary of State for Local Government -v- Hopkins Development Ltd [2014] EWCA Civ 470 contains some interesting observations of general interest to civil litigators. THE SKELETON ARGUMENTS Jackson L.J. prefaced his judgment with observations…
AMENDING PLEADINGS LATE AND MITCHELL: NOT A SMOOTH JOURNEY
What relevance do the Mitchell principles have in relation to applications to amend pleadings. Particularly when those applications are made late? This was considered by Mrs Justice Andrews in Dany Lions Ltd -v- Bristol Cars Ltd [2014] EWHC (QB) 928….
CHANGING THE TRIAL DATE : A CASE IN POINT: MITCHELL REMAINS A "TOP BRAND"
Ever since the introduction of the Woolf reforms the trial date has been viewed as fairly sacrosanct. Once set it is hard to change without a good reason. This position has probably hardened as a result of Mitchell. The issue…
A WORD ABOUT BUNDLES: MORE VIEWS FROM THE BENCH: RULES APPLY TO JUDICIAL REVIEW TOO
The article I wrote on trial bundles remains one of the most visited posts on this blog. It is always one of the most visited posts each working day. Proper preparation can make a major different to the efficient…