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…
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…
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…
WEBINAR ON "SURVIVING MITCHELL":29th JANUARY 2014
I am broadcasting a Webinar for CLT on “Surviving Mitchell” on the 29th January 2014 at 13.00. The link for subscribing can be found at http://www.clt.co.uk/webinar.aspx?crseidcode=1695882 “This webinar which is presented by Gordon Exall, will explain exactly what went wrong for…
SURVIVING MITCHELL A PRACTITIONER’S GUIDE 2: ASSUME EVERY ORDER OF THE COURT IS A PEREMPTORY ORDER.
Some of the cases on sanctions reported this week have been highly disturbing; with cases being struck out on the morning of the trial because the bundles were not lodged three days earlier. As a result the only safe assumption…
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 JULY 2015…
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……
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…
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….
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…
“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…
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…
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…
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…
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…
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…
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…
RELIEF FROM SANCTIONS AND COSTS BUDGETING: THE JUDGMENT IN MITCHELL -v- NEWS GROUP NEWSPAPERS IN FULL
The full transcript of the decision of Master McCloud in Andrew Mitchell MP –v- Express Group Newspapers [2013] EWHC 2355 (QB) is now available. The case was discussed, in outline in an earlier post, http://civillitigationbrief.wordpress.com/2013/08/11/litigatorswant-to-work-for-nothing-then-don… Enjoying this post? Become a…
SANCTIONS AND DEFAULT: THE NEW APPROACH IN PRACTICE. THE FULL TRANSCRIPT OF BAKER -v- HALLAM ESTATES
The post yesterday looked at the duties owed by an applicant making a without notice application. The full transcript of the case is now available and contains some salutary observations. Baker –v- Hallam Estates Baker -v- Hallam Estates [2013]…
DOES THE CIVIL LITIGANT HAVE HUMAN RIGHTS? CPR 3.9, ARTICLE 6 AND THE RIGHT TO A FAIR TRIAL
This post looks at the case law relating to Article 6 and the right to a fair trial in civil proceedings. It looks at whether decisions under the new CPR 3.9 need to consider the issue of “proportional response”. …
LITIGATION AFTER JACKSON: A 10 POINT SURVIVAL GUIDE
There has been a tremendous change in policy in relation to case management after 1st April 2013. This has already led to major difficulties for some litigators. This post is the first (of what may be many) survival guides for…
SERVICE OF A COPY CLAIM FORM IS NOT GOOD SERVICE: HOW COULD THIS BENEFIT A CLAIMANT?
This post looks at the unusual case of Hills Construction –v- Struth [2013] EWHC 1693 (TCC) which considered issues relating to service of the claim form and extensions of time for service of the Particulars of Claim. The facts…
FAILURE TO COMPLY WITH CPR: CAN BITE DEFENDANTS TOO!
This post looks at the decision in Dass –v- Dass where the defendant was refused permission to rely upon medical experts because they had not been served in accordance with court directions. Many of the recent cases in relation to…
RELIEF FROM SANCTIONS: THE KEY DATE FOR IMPLEMENTATION OF THE NEW CPR 3.9
This post deals with misunderstandings that appear to be in place as to which cases the new CPR 3.9 provisions on relief from sanctions apply to. In particular whether the key date is the date of issue of proceedings or…
RELIEF FROM SANCTIONS: A CASE WHERE RELIEF WAS REFUSED
This post discusses a recent case where the Court refused relief from sanctions. In Thavattheva Theveraraja and Southern Territory Ltd –v- Riordan, Burke and Prestige Property Developer UK Ltd (Ch D 09/08/2013) Hildyard J refused relief from sanctions when…
LITIGATORS:WANT TO WORK FOR NOTHING? THEN DON'T FILE YOUR COSTS BUDGET ON TIME
This post deals with the extremely draconian penalty imposed on a litigant who fails to file a costs budget on time. THE RULES CPR 3.13 and 14 deals with the duty to exchange costs budgeting. Filing and exchanging…
RELIEF FROM SANCTIONS: A CASE IN WHICH RELIEF WAS GRANTED. WYCHE -v- CAREFORCE GROUP LTD
Every case in relation to relief from sanctions is being examined carefully after 1st April. The case of IAN ALAN WYCHE v CAREFORCE GROUP PLC (2013)QBD (Comm) 25/07/2013 is going to be of interest. The case is not yet fully reported…
You must be logged in to post a comment.