SURVIVING MITCHELL 6: "YOU GOTTA HAVE A PLAN": BE READY FOR TRIAL THE DAY YOU ISSUE
The unforgiving nature of the Mitchell decision means that litigators have to be certain that they will be able to comply with any directions that the court orders. In effect this means that a claimant has to be ready for…
SURVIVING MITCHELL 5: CAN YOU EVEN AGREE EXTENSIONS OF TIME?
The earlier post on extensions of time gained a lot of attention and numerous issues were raised at twitter. This is such a fast moving area that a case, reported yesterday, deals with some of the issues raised. I wanted…
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…
SURVIVING MITCHELL A PRACTITIONER’S GUIDE 4: BE CAREFUL WHEN AGREEING VARIATIONS OF THE DIRECTIONS
One issue that has arisen consistently since the Mitchell decision in particular is whether the parties can agree to vary directions. The answer is far from simple. THE RULES The rules are always a good place to start. CPR 2.11…
HAVE YOU COMPLIED WITH AN ORDER FOR DISCLOSURE? THE APPROPRIATE TEST: AN OBJECT LESSON ON LITIGATION TACTICS IN A POST-MITCHELL WORLD
With relief from sanctions being notoriously hard to obtain the question of whether a party has complied with an order, particularly an unless order, is now of critical importance. In Dinsdale Moorland Services Ltd –v- Evans 2014] EWHC 2 (Ch)…
MITCHELL: LINKS TO USEFUL ARTICLES AND POSTS
THIS POST CONTAINS THE DECISIONS RELATING TO MITCHELL AND THE CASES THAT FOLLOWED IMMEDIATELY AFTERWARDS. LATER LINKS CAN BE FOUND AT DISCUSSIONS OF MITCHELL AT http://civillitigationbrief.wordpress.com/2013/11/27/mitchell-links-to-articles-and-posts/ WHAT IS ON THIS POST 1. Zenith Chambers. 2. Indi… Enjoying this post? Become a Civil…
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…
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…
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…
MITCHELL AND INDEMNITY INSURERS: A WORRYING TIME
One obvious concern about the Mitchell fallout is the position of Indemnity insurers. This is reflected in a piece by Hill Dickinson. The observations need to be noted. HILL DICKINSON’S POST There is a succinct summary of the decisions in…
ON-LINE GUIDANCE ON COSTS BUDGETING AND FILLING OUT FORM H: UPDATED
Form H (Precedent H) is now a central part of the litigation process. It was the delay in lodging the Form H that led to sanctions being imposed in the Mitchell case. Many people are facing completion of the form…
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…
MORE MITCHELL MAYHEM: USE OF SQUARE BRACKETS LEADS TO COSTS BUDGET BEING DISALLOWED
A report by Tom Gibson in PI Brief Update makes worrying reading. The headline reads ” Would a district judge strike out a costs budget because it contained the phrase “[Statement of truth]”, in square brackets, rather than the full…
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…
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…
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…
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…
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…
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…
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…
ONE DIRECTION SINGING FROM THE SAME HYMN SHEET ?
THE USE OF STANDARD DIRECTIONS I have put the standard directions as a link because they will normally be the first port of call for anyone drafting directions (and I once spent a frustrating half hour trying to find…
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