COURT OF APPEAL SANCTIONS HEARING: 70 KEY POINTS OF THE JUDGMENT
The 70 key points of the Court of Appeal judgment in Denton -v- White [2014] EWCA Civ 906. “We hope that what follows will avoid the need in future to resort to the earlier authorities.” (Paragraph 24). CRITICISM OF MITCHELL 1. The…
SANCTIONS HEARING 6: USEFUL LINKS AND WATCH THE JUDGMENT
These are links to commentary and comment on the Court of Appeal decision in Denton -v- White [2014] EWCA Civ 906. 1. The Law Society Gazette reviews the decision (and also allows you to see the judgment being given).(Also a…
SANCTIONS HEARING 5: UTILISE -v-DAVIES: MANY TRIVIAL BREACHES DO NOT LEAD TO RELIEF FROM SANCTIONS BEING REFUSED
The claimant served their costs budget 45 minutes late. Both the District Judge and Circuit Judge refused relief from sanctions. The Court of Appeal overturned this decision. THE FACTS The claimant’s cost budget was served at 4.45 and not 4.00….
SANCTIONS HEARING 4: DOES DECADENT VAPOURS LEAVE A PLEASANT SMELL?
The second substantive decision was Decadent Vapours. Here the Court of Appeal overturned a refusal to grant relief from sanctions and the claimant’s case was allowed to proceed. THE FACTS The claimant failed to make payments of fees by the…
SANCTIONS JUDGMENT 3: THE INDIVIDUAL CASES: DENTON – DON'T MILK SANCTIONS ARGUMENTS?
The previous posts looked at the general principles the Court of Appeal considered. Here we look at the practical results in the three cases. DENTON: Denton was a case about an allegedly defective milking parlour. The trial was set to…
SANCTIONS JUDGMENTS 2: THE THIRD STAGE AND CRACKING DOWN ON "OPPORTUNISM"
The Court of Appeal went on to state that a major misunderstanding had occurred in relation to sanctions applications. There was a third stage which the Court explained at length. THE THIRD STAGE “31. The important misunderstanding that has occurred…
SANCTIONS JUDGMENT: THE KEY POINTS (1): STAGES 1 AND 2 OF CONSIDERATIONS IN RELIEF FROM SANCTIONS APPLICATIONS
The history and arguments in relation to the Court of Appeal hearings on sanctions have been fully recorded on this blog. In the judgment given today there are a number of Key points. MITCHELL HAS BEEN THE SUBJECT OF CRITICISM…
COURT OF APPEAL HEARING ON SANCTIONS TODAY: BREAKING NEWS AND LINK TO JUDGMENT
The Court of Appeal have allowed all three appeals in the sanctions cases that were before them. This is breaking news (as I write the judgment is still being given). In Decadent Vapours the action had been struck out…