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…
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…
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…
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…
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….
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…
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…
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…
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…
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…
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….
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…
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….
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 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…
Procter -v- Raleys Previous posts in this series have concentrated upon limitation issues. This post looks at the recent decision of Judge Gosnell in Procter –v- Raleys (Leeds County Court 6/11/2013). In particular what it demonstrates about the need to…
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…
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…
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…
The previous post considered the case of Vitol Bahrain where the costs of the successful party on a one day application were reduced from £165,241.80 to £75,000. The amount of this shortfall highlights the need for the modern litigator to…
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…
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…
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…
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…
The dangers of drafting argumentative and adversarial witness statements have been discussed several times on this blog. A working example of the dangers of this, together with commentary on the results, can be found in the statement of Peter Smith…
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…
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 previous post at http://civillitigationbrief.wordpress.com/2013/11/04/the-importance-of-drafting-witness-statements-that-comply-with-the-rules/ discussed a case where the problems about the witnesses giving information as to source of belief and hearsay evidence. The problems were avoi… Enjoying this post? Become a Civil Litigation Brief member to read…
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…
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…
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…
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…
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 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…
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…
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…
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…
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…
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…
There are a surprising number of “myths” that prevail in personal injury litigation. In particular in relation to limitation. Here, as part of the “avoiding negligence” series we look at 10 of these myths. Myth 1: In a breach of…
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…
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…
An action can be struck out if a party fails to preserve evidence. Matthews –v- Collins is a fatal case where evidence was destroyed by the coroner . The defendant applied to strike out the action as an abuse of…
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…
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…
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…
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…
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…
The link to this post is at http://accidentsatworkaftertheerra.wordpress.com/2013/10/01/the-duty-to-risk-assess-and-common-law-duty-after-1st-october-2013/… 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 in below Username or E-mail Password Remember Me…
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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