AMENDMENTS TO CIVIL PROCEDURE RULES COMING INTO FORCE ON THE 1st JANUARY 2014
There are new rules coming into force on the 1st January. These mainly amend the procedure relating to defamation and the presumption of a jury trial. However there are other minor amendments. The rules and explanatory text can be found…
SERVICE OF THE CLAIM FORM: MITCHELL: RELIEF FROM SANCTIONS AND A “GOOD” REASON: AND SO TO BED: A LOOK AT THE CASE LAW
In Mitchell the Court of Appeal stated that a court should normally consider relief from sanctions in a “non-trivial” case if there were good reasons and referred to the case law relating to extending time for service of the…
TRIAL BUNDLES: TIMING, CONTENTS AND PRESENTATION : AND DO YOU KNOW SEDLEY’S LAWS?
Amidst the Mitchell Mayhem and the high glamour and glitz of Civil Litigation at the moment I am writing a post on the mundane subject of trial bundles. Mundane but important. The significance of bundles was highlighted in the recent…
FULL COPY OF TRANSCRIPT OF ALDINGTON -v- ELS
I am grateful to Gordon Wignall of No 5 Chambers for sending me a copy of the full transcript of Aldington -v- ELS where a claimant was granted relief from sanctions. (The transcript is upside down – click rotate clockwise…
POST MITCHELL MAYHEM 2: A CASE WHERE RELIEF FROM SANCTIONS WAS GRANTED
Litigation Futures carries a report of a High Court case where relief from sanctions was granted. The link is at http://www.litigationfutures.com/news/exclusive-high-court-grants-first-post-mitchell-relief-sanctions Details will be added to the Mitchell Case Watch later today…. Enjoying this post? Become a Civil Litigation Brief member…
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…
SG DG PETROL: A (HIGH COURT) POST-MITCHELL DECISION ON RELIEF FROM SANCTIONS
There is a High Court decision on relief from sanctions at http://www.bailii.org/ew/cases/EWHC/Comm/2013/3920.html An application for relief from sanctions was dismissed. The judge went on to make general observations about how applications for relief from sanctions should be conducted. In SG DG Pet……
PROPOSED REFORMS TO COURT FEES
The Ministry of Justice document on proposed reforms to Court fees can be found at http://www.official-documents.gov.uk/document/cm87/8751/8751.pdf… Enjoying this post? Become a Civil Litigation Brief member to read full articles and access all premium content. Become a member Already a member? Log…
SURVIVING MITCHELL A PRACTITIONER’S GUIDE : 1 KNOW WHAT HAPPENED IN MITCHELL AND HOW IT COULD HAVE BEEN AVOIDED
The decision in Mitchell is already having a major impact on day to day litigation. This is the first of a series of posts which looks at the Mitchell decision and deals with the practical steps that practitioner’s must take…
THE AFTERMATH FROM MITCHELL: THIS IS GETTING REALLY, REALLY, SERIOUS
I have been in discussions today with one barrister who estimates that, in his own practice alone, he has already represented claimants where a total of £1 million pounds of damages have been lost as a result of a decision…
THE "JACKSON CORNER": A USEFUL PLACE TO LOOK
Zenith Chambers provides a useful facility at “the Jackson Corner” which can be found, directly, at http://www.zenithchambers.co.uk/site/the_jackson_corner/ It has useful articles, links and guidance on key documents. You can receive e-mail notifications of updates by contacting the e-mail address a… Enjoying…
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….
CAN MR MITCHELL STILL GET HIS COSTS? A PROFESSOR'S OPINION
The comments section is at the bottom right hand side of this blog and a comment from Professor Hibbert made earlier this week may have been missed by many. I set it out below. No doubt this will give rise to…
RELIEF FROM SANCTIONS: DECISION OF THE HIGH COURT: THE LETTER OF THE LAW
The case of Forstator -v- Python (Monty) Pictures Ltd [2013] EWHC 3759 is a case where the Court granted relief from sanctions. It was heard before the Mitchell decision but judgment was given afterwards. The judge did not hear submissions…
TIBBLES BITES AGAIN: THE PROBLEMS OF ATTEMPTING TO VARY A COURT ORDER
Hot on the heels of the previous post in relation to variation of court orders that a party dislikes comes another report highlighting the difficulties facing a party seeking to vary an order, Apex Global Management –v- Global Torch Ltd…
I NEVER LIKED THAT ORDER ANYWAY – CAN I SET IT ASIDE NOW? CONSIDERATION OF THE TIBBLES CRITERIA IN APPLICATIONS FOR RELIEF FROM SANCTIONS”.
In the Mitchell case the claimant made an attempt to challenge and set aside one of the orders made by the Master which had been breaches. The Court gave clear guidance as to the steps to be taken if a…
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…
THE MITCHELL CRITERIA FOR RELIEF FROM SANCTIONS: A DETAILED EXAMINATION
There has been much comment about the effect of the Court of Appeal decision in Mitchell on litigation and litigators. Here we look, in considerable detail, at the guidance given in relation to relief from sanctions and associated case law….
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…
MITCHELL: 20 KEY POINTS OF JUDGMENT
The Court of Appeal gave judgment in Mitchell -v- News Group Newspapers [2013] EWCA Civ 1537 today. The case has been much covered. The Claimant’s application for relief from sanctions was refused. The key points of general importance are: 1….
NEW PRACTICE DIRECTION: RIGHT TO BUY CLAIMS
The Master of the Rolls has issued a Practice Direction dealing specifically with “right to buy” claims. That is negligence actions against solicitors in relation to mortgage broking. Those claims are now allocated to a specific Master. Any existing claims…
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…
DO YOU HAVE TO FILE FORM H IN PART 8 PROCEEDINGS? SOMETHING YOU SHOULD BE SURE ABOUT
All litigators know (or should know) the central importance of Form H in civil procedure. If you don’t file the form in time then you don’t get paid. A colleague today asked me whether it was necessary to file a…
“AN OBJECT LESSON IN HOW MODERN LITIGATION SHOULD NOT BE CONDUCTED.”
It may be thought that commentary on issues of procedural default is in abeyance until the Mitchell decision from the Court of Appeal. However, as recent posts have shown, cases are still coming through thick and fast. When a judge…
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…
PROPORTIONALITY AND COSTS: IT APPLIES TO BIG CASES AS WELL
The short judgment of Mr Justice Males in the case of Vitol Bahrain –v- Nasdec General Trading LLC makes it clear that the issue of proportionality in costs impacts upon cases of every size, even the most major multi-million dollar…
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…
WHAT CAN YOU DO IF THE PROPOSED DEFENDANT IS DEAD AND THERE IS NO GRANT OF PROBATE OR ADMINISTRATION?
A recent post looked at the problems of issuing proceedings before letters of administration are taken out. Here we consider the problems when a proposed defendant has died and there are no executors or administrators. THE PROBLEM Probate is not…
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…
THE IMPORTANCE OF DRAFTING WITNESS STATEMENTS THAT COMPLY WITH THE RULES
The Civil Procedure Rules set out rigorous requirements for the structure and layout of witness statements. The editors of the White Book note (at 32.4.5 of the latest supplement that) “Unfortunately, rules, practice directions and guidance as to the contents…
NEW GUIDE TO CHANCERY PROCEDURE: "COMMON LAWYERS" DON'T SWITCH OFF
HM Courts and Tribunal Service has provided a new Chancery Guide. It is available at http://www.chba.org.uk/for-members/library/practice-directions-court-notices/chancery-guide-updated-october-2013 It is worthwhile reading for non-Chancery lawyers. The book contains invaluable advice about disclosu… Enjoying this post? Become a Civil Litigation Brief member to read…
RELIEF FROM SANCTIONS AND CPR 3.9: TWO CASES WHERE RELIEF FROM SANCTIONS WAS GRANTED
The issues caused by the new CPR 3.9 have featured many times on this blog. Here we look at two High Court decisions where relief from sanctions was granted. Kesabo –v- African Barrick Gold Plc and (because the full transcript…
EXTENSIONS OF TIME WHEN THERE IS A MINOR BREACH: FULL TRANSCRIPT IN RAYYAN AL IRAQ CO LTD NOW AVAILABLE
The case of Raayan Al Iraq Co. Ltd –v- Trans Victory Machine Inc [2013] EWHC 2696 (Comm) was mentioned in an earlier post. The full transcript is now available and provides useful reading for those applying for retrospective extensions of…
COSTS CONSEQUENCES OF PART 36 OFFERS: ANOTHER INTERESTING EXAMPLE
Following the earlier post on Part 36 offers I am grateful to Marcus Davies from DWF for pointing me in the direction of the decision of Mrs Justice Andrews in Davison –v- Leitch [2013] EWHC 3092 (QB). This provides another…
THE COSTS CONSEQUENCES OF PART 36 OFFERS: DO THEY ALWAYS APPLY? THE CASES IN DETAIL
The costs consequences when a claimant fails to beat a Part 36 from the defendant are well known and long established. The advantages for a claimant who now beats their own offer were examined in a previous post. Here we…
COURTS AND TRIBUNALS FEE REMISSIONS ORDER 2013
This Order came into force on the 7th October 2013. The aim is to put forward a standard fee remission system across a whole range of tribunals as well as the civil courts. It is always prudent, when issuing…
MEDIATE OR ELSE? THE COSTS CONSEQUENCES OF REFUSING TO MEDIATE
A recent post looked at the Court of Appeal mediation scheme and examined the potential penalties for a party refusing to mediate. In PGF II SA –v- OMES Company I Limited [2013] EWCA CIV 1288 the Court of Appeal looked…
HANDBOOK FOR LITIGANTS IN PERSON: FIND IT AND USE IT!
The Judiciary have published a Handbook for Litigants in Person. It can be found here. WHY YOU SHOULD READ IT I suggest every litigator has a look at it. 1. You should ensure it is sent to every litigant in…
THEVARAJAH –V- RIORDAN NOW FULLY REPORTED: SECOND BITE OF CHERRY IN RELATION TO RELIEF FROM SANCTIONS
The case of Thevarajah –v- Riordan has been discussed before. Initially relief from sanctions was refused, however it was then granted at a second application. Here we look at the decision in more detail, in particular the CPR 3.9…
THE DANGERS OF GETTING THE COURT FEES WRONG: IF THE FEES ARE NOT RIGHT – YOU HAVEN'T ISSUED
If proceedings are being issued at the last moment then it is imperative that the correct fee is lodged at court. A failure to send the correct fee will mean that proceedings are not properly issued. This post looks at…
RELIEF FROM SANCTIONS GRANTED SECOND TIME AROUND: QUITE A TWIST TO THIS TALE?
The case of Thevarajah –v-Riordan has been reported before at http://civillitigationbrief.wordpress.com/2013/08/13/relief-from-sanctions-a-case-where-relief-was-refused/ when the court refused to grant relief from sanctions where the defendant had failed to comply with disclosure obligations. H… Enjoying this post? Become a Civil Litigation Brief member…
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…
RELIEF FROM SANCTIONS ORDER OVERTURNED ON APPEAL: ANOTHER CASE GOES TO WASTE
In Biffa Waste Services Ltd –v- Ali Dinler (QBD 10/10/13) Swift J overturned an order granting relief from sanctions. THE FACTS Biffa was a personal injury case. The claimant failed to file a pre-trial checklist in time or to…
ANOTHER FAILED APPLICATION FOR RELIEF FROM SANCTIONS: MORE LESSONS TO LEARN
The decision in Michael –v- Middleton [2013] EWHC 2881 (Ch) provides another example of the difficulties that arise in making an application for relief from sanctions. However close examination of the judgment also provides some interesting lessons in conducting litigation and…
SEX & SUMMARY JUDGMENT: WHERE DOES THE BURDEN OF PROOF LIE IN ESTABLISHING A “COMPELLING REASON” WHEN DEFENDING A SUMMARY JUDGMENT APPLICATION?
The case of Sargespace –v- Eustace had a highly unusual set of facts. However it raises an interesting question of where the burden of proof lies in an application for summary judgment where a respondent to the application wishes to…
NEW SENIOR COURT OFFICE COSTS GUIDE
The Senior Courts Costs Office has produced a comprehensive guide to costs. At 182 pages it probably contains all the procedural points you need to know. https://www.dropbox.com/s/65gbezzxz7l2zpk/SCCO%20Guide%20October%202013.pdf… Enjoying this post? Become a Civil Litigation Brief member to read full articles and…
HAVE YOU COMPLIED WITH AN "UNLESS ORDER"? GUIDANCE IN THE CONTEXT OF E-DISCLOSURE
A hearing on the question of whether a party has complied with an unless order is always a fraught one. The stakes are high, particularly for the party alleged to be in breach. Here we look at compliance in relation…
HOW RELEVANT ARE PART 36 OFFERS TO ISSUE BASED ORDERS? A SALUTARY WARNING ABOUT THE RISKS OF LITIGATION
The making of an “issue based” costs order is now a common aspect of litigation. However how relevant is a Part 36 offer when a court is considering making an “issue based” costs order? A recent case contains discussion of…
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