APPEALS, TIME, SERVICE, VENUE: A REAL PROCEDURAL HOTCHPOTCH – EVEN BEFORE THE MAIN ISSUE IS CONSIDERED

May 23, 2017 · by gexall · in Appeals, Applications, Members Content, Relief from sanctions, Serving documents

The judgment of Mr Justice Jay in Enniful -v- Motor Insurers Bureau [2017] EWHC 1086 (QB) is a procedural hotchpotch. It relates to service, delay, dates of compliance, venue for appeals and relief from sanctions. All of this occurred before the main issue in the appeal have even been considered.

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Tags: Appeal Court, Appeals, Calculation of Time, Denton, Relief from sanctions

2 Responses

ms c m hodgson · May 23, 2017 at 10:44:06 · →

“I suspect that the order giving a date from “receipt” is a practical response to delays that can occur in the county court. There can be considerable delays between the date a judge makes an order and the time when it is drawn up and sent to the parties. I have been involved in cases where peremptory orders have been made but not sent out to the parties until after the date given for compliance. How this practical problem is solved remains a difficult issue.”

indeed, that is probably so. I had a major argument with Manchester once for not having complied with an order that i didn’t get until after the date i was supposed tohave complied. and recently received a consent order ( r d’s extension for Defence) which hadn’t even been typed up until after the relevant date – happily for D, it had complied on the basis that it was a consent order that court would probably make… but very unhelpful.
Nick Hanning · May 23, 2017 at 12:45:14 · →

A familiar problem but one which, one would think, is easily avoided if the person responsible for preparing the order can be trusted. Why can’t the Judge simply say ‘insert the date x days after you prepare this order’?

Assuming it is posted that day, the Judge knows the time s/he considered appropriate is being given and the party in question knows the date by which compliance is required.