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…
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…
THE CONSEQUENCES OF CHARTWELL 2: OBTAINING RELIEF FROM SANCTIONS IS DIFFICULT BUT NOT IMPOSSIBLE
The Court of Appeal decision in Chartwell –v- Fergies Properties has already been considered in detail. An earlier article dealt with the importance of serving witness statements on time. Here we consider the implications for the principles relating to granting…
CHARTWELL ESTATE AGENTS LIMITED V FERGIES PROPERTIES : CONSIDERED IN FULL
The decision of the Court of Appeal in Chartwell Estate Agents Limited –v- Fergies Properties [2014] is now available on Bailli. This is the first case in which the Court of Appeal have upheld a decision of a judge to…
CAN MITCHELL BE UTILISED IF THERE ARE SEVERAL MINOR BREACHES? UTILISE -v- CRANSTOUN CONSIDERED: LATE FILING OF COSTS BUDGETS CAUSES ANOTHER PARTY TO COME TO GRIEF
In Utilise -v- Cranstoun [2014] EWHC 834 (Ch) Judge Hodge QC, sitting as a judge of the High Court, considered another issue arising out of the Mitchell criteria – in essence what is the effect of two trivial breaches on…
THE APPROPRIATE CRITERIA FOR REINSTATEMENT WHEN AN ACTION IS STRUCK OUT OF COURT'S OWN MOTION: HALEY -v- SIDDIQUE CONSIDERED
In Haley -v- Siddique [2014] EWHC 835 (Ch) Judge Hodge Q.C., sitting as a judge of the High Court, considered issues arising from a striking out order made of the court’s own motion. His judgment states that the case provides…
COST BUDGET REQUIREMENT DOES NOT APPLY TO PART 8 CASES: A CASE IN POINT
There has been considerable discussion about whether the requirements to lodge a costs budget applies to Part 8 cases. Part 8 cases are automatically allocated to the Multi Track and the requirements to lodge a budget was thought to apply….
REPORT OF A CASE WHERE RELIEF FROM SANCTIONS WAS GRANTED ON APPEAL TO CIRCUIT JUDGE
Reports of decisions in relation to procedure, particularly relief from sanctions, are always welcome. I am grateful to Simon Young of Kings Chambers for his report of the case of Cook -v- Danter. It is a case where a circuit…
MITCHELL PRINCIPLES APPLIED IN TAX TRIBUNAL
In Mr and Mrs B -v- Revenue & Customs the First Tier tribunal (tax) considered whether the Mitchell principles applied to permissions to appeal out of time in the first-tier tribunal tax chamber. “The law 42. There is no guidance in…
DUNHILL -v- TASKER: SUPREME COURT DECISION GIVEN TODAY: PROTECTED PARTY CANNOT SETTLE CLAIM WITHOUT APPROVAL. SUPREME COURT DECISION ATTACHED
I have attached a copy of the Supreme Court decision in Dunhill -v- Tasker which was given today UKSC_2012_0136_Judgment (1). The conclusion is that a compromise reached by a protected party cannot be valid unless approved by the court. …
NO JUDGMENT IMMEDIATELY AFTER APPLICATION FOR RELIEF FROM SANCTIONS: MIAH V JALIL CONSIDERED
The case of Miaj –v- Jalil (CA 6/3/2014) is reported briefly on Lawtel today. It involves the correct approach of the Court after granting relief from sanctions. More detailed commentary, will follow once the full transcript is available. THE FACTS…
DELAY IN MAKING APPLICATIONS CAN BE FATAL: SAMARA -V- MBI APPLICATION TO HAVE JUDGMENT SET ASIDE REFUSED ON GROUNDS OF DELAY
The case of Samara –v- MBI & Partners EWHC 563 (QB) considers whether the “Mitchell” criteria is relevant to applications to have judgment set aside. THE FACTS The claimant entered judgment in default. It was more than a year later, after…
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…
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…
THE DANGERS OF SERVING BY E-MAIL: A WORKING EXAMPLE
A recent post looked at potential problems with serving documents by e-mail. That this is a very real issue is shown by a report of a decision sent to me by counsel. The full details of the case are withheld. …
MITCHELL IN THE CONTEXT OF A TAX APPEAL: HMRC HIT A STONE WALL.
As previous posts have shown the Mitchell criteria are being considered in wider contexts. In R&CC –v- McCarthy & Stone (Developments) Limited the Upper Tribunal (Finance and Tax) applied it to the government’s application to appeal a decision out of…
OFFERS TO SETTLE: COSTS, CONDUCT AND A WHOLE LOT MORE: REHILL –v- RIDER HOLDINGS CONSIDERED
The case of Rehill –v- Rider Holdings [2014] EWCA Civ 42 offers quite a few lessons for litigators and litigants. In relation to offers and filing schedules of costs and the risks of litigation for litigants and lawyers. REHILL –v- RIDER…
THE DANGERS OF NOT USING PRE-ACTION PROTOCOLS & THE PRACTICE DIRECTION TO THE FULL: A WORKING EXAMPLE OF PROBLEMS CAUSED BY PREMATURE ISSUE
The next in the series was going to be a review of the rules and principles relating to pre-action conduct. However Kerry Underwood has written a post that deals with this issue comprehensively and I have nothing to add. Here we look…
TWO NEW CASES WHERE RELIEF FROM SANCTIONS REFUSED: WEBB RESOLUTIONS AND LLOYD & SONS CONSIDERED IN DETAIL
There were two High Court cases on relief from sanctions considered today. Both were decisions of Mr Justice Turner Here we consider Webb Resolutions –v- E-Surv Limited [2014] EWHC 49 (QB)and M A Lloyd –v- PPC International Ltd [2014] EWHC…
TWO FURTHER DECISIONS REFUSING RELIEF FROM SANCTIONS: LINKS TO CASES
There are two further High Court decisions where relief from sanctions was refused. Webb Resolutions -v- E Surv [2014] EWHC 49 (QB) MA Lloyd & Sons -v- PPC International [2014] EWHC 41 (QB) These are links to the decisions. A full discussion…
MITCHELL CONSIDERED BY THE COURT OF APPEAL FOR A THIRD TIME: ANOTHER TWIST IN THE THEVARAJAH TALE
In the case heard today of Thevarajah –v- Riordan [2014] EWCA Civ 15the Court of Appeal reiterated the rigorous nature of the Mitchell test. Here we look at that decision in detail and the trenchant observations made by the Court….
RELIEF FROM SANCTIONS AND SERVING NOTICE OF FUNDING: A TALE OF TWO CASES
Results of relief from sanctions applications are now being reported regularly. Here we look at two apparently contrasting applications in relation to relief from sanctions and the failure to give notice of funding. Both cases were reported today; both are…
SANCTIONS: CASE WATCH
This section looks at decisions in relation to relief from sanctions and the general principles of CPR 3.9. Often there are links to the decisions themselves, together with links to posts on this blog. CASES IN CHRONOLOGICAL ORDER May 2026…
PRE-ACTION DISCLOSURE: THE APPROPRIATE TEST CONSIDERED BY THE COURT OF APPEAL
In Smith –v- Secretary of State for Energy and Climate Change [2013] EWCA Civ 1585 the Court of Appeal stress that applications for pre-action disclosure should not become “mini trials” and set out the appropriate test for the courts to consider….
DECISION OF THE COUNTY COURT FOLOWING MITCHELL: ROMANO –v-K PAPERS (BLACKBURN) LTD
The courts now have a clear basis upon which to consider applications for reinstatement following the decision in Mitchell. The case of Romano –v- K Papers (Blackburn) Ltd an appeal heard at Manchester County Court today (29th November 2013) provides…
MITCHELL: THE COMMENTARY CONTINUES
The commentary on the fallout of the Mitchell decision continues apace. One of the most interesting comments, however, comes from Sir Henry Brooke, former Lord Justice who tweets at @HenryBrooke1. Here we look at those observations and other links to…
BIFFA WASTE SERVICES: RELIEF FROM SANCTIONS: FULL TRANSCRIPT NOW AVAILABLE
Biffa Waste Services Ltd –v- Ali Dinler [2013] is a case where the judge, on appeal, overturned an earlier order granting relief from sanctions. The full transcript is now available and is notable for its detailed consideration of the principles…
DEFAULT, DELAY AND EXPERT EVIDENCE: COURT OF APPEAL LAYS DOWN THE LAW
The case of Boyle –v- Commissioner of Police for the Metropolis provides another example of the problems caused by late service of evidence. The Court of Appeal set down clear guidance of the new culture of intolerance to delay. THE…
INTERESTING FIRST INSTANCE DECISION ON STRIKING OUT SPECIAL DAMAGES BECAUSE OF DILATORY CONDUCT BY THE CLAIMANT
The 9sjs website has an interesting report of a decision in the Bow County Court where the judge struck out a claim for £220,000 on the grounds that the claimant had not complied with directions. See the report at http://www.9sjs.com/assets/Uploads/ozbay.pdf It…
CHANGES TO PRACTICE DIRECTIONS GOVERNING APPEALS TO THE SUPREME COURT
Appealing to the Supreme Court is likely to an extremely rare event for most practitioners. The Supreme Court has its own specific rules. “The Supreme Court has its own Directions which replace the Civil, Criminal and Taxation Practice directions and…
MITCHELL -v- NEWS GROUP NEWSPAPERS: OUTLINE OF DEFENDANT'S SUBMISSIONS
These notes come with same caveat as the Claimant’s notes in the previous post. They are from handwritten notes taken in court today. They do not purport to be a transcript. All that can be done is to give a…
MITCHELL -v- NEWS GROUP NEWSPAPERS: OUTLINE OF CLAIMANT'S SUBMISSIONS
There appeal in the Mitchell case was heard in the Court of Appeal case earlier today. Judgment was reserved. I have a note of the arguments on behalf of the Claimant/Appellant. The Defendant’s arguments will be posted later. I…
MEDIATION IN THE COURT OF APPEAL
The Court of Appeal can recommend that appeals be referred to mediation. This blog looks at the process and some of the case law. THE GUIDANCE A Lord/Lady Justice considering an application for permission to appeal is expressly required…
You must be logged in to post a comment.