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….
THE MITCHELL CRITERIA AND THE CHOICE OF JUDGE
The case of Mitchell featured in the decision of Mr Justice Turner in Biljani -v- Unum Ltd[2014] EWHC 27 (QB) . An application for the matter to be listed in front of a High Court judge was refused, part of the…
APPLICATION FOR RELIEF FROM SANCTIONS REFUSED WHEN PARTY FAILED TO SERVE STATEMENT OF REASONS: FULL TRANSCRIPT AVAILABLE
There is a decision by Master Rowley in the case of Long -v- Value Properties Ltd 13/1/14 available on dropbox at https://www.dropbox.com/s/h8keoeme94gvrzp/Long%20v%20%20Value%20Properties%20%26%20Anor.pdf THE APPLICATION FOR RELIEF FROM SANCTIONS This was an application for relief from sanctions arising out of a failure…
MITCHELL AND ABUSE OF PROCESS: ANOTHER EXAMPLE OF A CASE STRUCK OUT
Mitchell, in terms of the importance of case management, was mentioned in the High Court case of Vaughan –v-London Borough of Lewisham. The facts were unusual, but the reference to case management powers and the importance of the economy and…
THE IMPORTANCE OF TRIAL BUNDLES AGAIN: READ LEGAL ORANGE
The earlier post on trial bundles received several comments. It is clearly a matter of interest, and some controversy. Legal Orange has written a post on Trial Bundles from the point of view of a litigator. LEGAL ORANGE The post…
JUDICIAL GUIDANCE ON THE USE OF VIDEO CONFERENCING AT TRIAL: READ THE RULES!
Video conferencing is a useful took and can save costs enormously. Particularly if it prevents a witness from having to travel from abroad. In Haider -v- Syed[2013] EWHC 4079 (Ch) Barling J expressed concern that the appropriate procedure was not…
DRAFTING WITNESS STATEMENTS THAT COMPLY WITH THE RULES: A CHECKLIST TOO IMPORTANT TO IGNORE
The earlier post on witness statements had a large number of hits. That post set out the basic techniques when drafting witness statements. However it just as important is that you ensure that the statements you draft comply with the…
MORE ON LEGAL WRITING: STRAIGHT FROM THE BENCH
The earlier post on written advocacy has led me to a blog written by an American Judge. The blog “Hercules and the Empire” is written by Federal Judge Richard Kopf and has proven to be popular in America (425,000 page…
DRAFTING WITNESS STATEMENTS AND THE GENIUS OF JOHN MUNKMAN
The skill and effort involved in drafting a proper and appropriate witness statement are often overlooked. Mistakes are often made. Witness statements are either to cursory and brief; too opinionated and argumentative or over-elaborate and lacking credibility. Curiously enough most…
NO INTEREST AWARDED ON PRE-JUDGMENT COSTS FOR SUCCESSFUL DEFENDANT
Should a successful party have an award of interest on costs paid to their solicitors. In the case of Schuman -v- Veale Wasborough [2013] EWHC 4070 (QB) Dingemans J considered an application by successful defendants that they be awarded interest on their…
DO YOU NEED TO APPLY FOR RELIEF FROM SANCTIONS OR AN EXTENSION OF TIME? ANOTHER KEY ISSUE PRACTITIONERS SHOULD BE CERTAIN ABOUT
There was an interesting debate on twitter on Friday evening about whether Mitchell was being cited too widely. It was reported that, in some cases district judges had rejected the argument that when parties were applying for extension of time…
SECOND ACTION STRUCK OUT AS AN ABUSE OF PROCESS: REPORT OF FIRST INSTANCE DECISION
Searches for “abuse of process and section action” formed more than half of the search terms that brought people to this blog earlier in the week. It is clear that this is going to be a major subject of litigation…
WHAT CAN A DEFENDANT ARGUE ABOUT DAMAGES IF THE CLAIMANT HAS JUDGMENT OR THE DEFENCE HAS BEEN STRUCK OUT?
One important aspect of the new rules about relief from sanctions is that they apply to defendants as well. A defendant who is late in adducing evidence can be debarred from calling evidence as in the Durrant case. Here we…
CIVIL PROCEDURE, COSTS & SANCTIONS: LINKS TO RECENT ARTICLES AND POST
Links to posts and articles on all aspects of civil procedure. Linking does not indicate approval or agreement but that all discussion on these issues is useful. RECENT POSTS AND ARTICLES 23rd June 2019 Herbert Smith Freehills Litigation Notes…
ISSUING PROCEEDINGS A SECOND TIME: NOT AN ABUSE OF PROCESS: HALL –v- MINISTRY OF DEFENCE EXAMINED
Can a claimant issue again if an action is struck because of a failure to comply with the rules and? This is likely to become a question of considerable interest given the number of cases that are failing because of…
SURVIVING MITCHELL A PRACTITIONER’S GUIDE 3: IF YOU CANNOT COMPLY WITH A RULE OR PRACTICE DIRECTION THEN MAKE AN APPLICATION BEFORE IT IS BREACHED
The Mitchell case makes it clear that applications for relief from sanctions made after breach will be granted sparingly. Here we consider the merits of making an application in advance of the date of breach. WHAT THE COURT OF APPEAL…
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…
KARBHARI: THE MITCHELL CRITERIA AND THE LATE SERVICE OF WITNESS STATEMENTS
KARBHARI -v- AHMED http://www.bailii.org/ew/cases/EWHC/QB/2013/4042.html 2013] EWHC 4042 (QB) This was a High Court case listed for seven days. On the first day of the trial the defendant’s counsel indicated that it would be necessary to amend the Defence and introduce a supplementary…
ANOTHER COURT OF APPEAL CASE ON RELIEF FROM SANCTIONS : DURRANT –V- CHIEF CONSTABLE OF AVON & SOMERSET CONSTABULARY
In the first relief from sanctions case to reach the Court of Appeal since Mitchell, the Court of Appeal reiterated the tough new approach which courts should taken when considering relief applications. The Claimant brought a claim against the Defendant…
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…