ROBUST DECISION TO STRIKE OUT PERSONAL INJURY CLAIM FOR NON-COMPLIANCE WITH RULES IS UPHELD ON APPEAL: BANDWAGONS & CRASH HELMETS IN BRADFORD COUNTY COURT
I am grateful to barrister Toby Coupe for sending me a copy of the decision of HHJ Gosnell in Aslam -v- The Secretary of State for Justice (17/05/2019), a copy of which is available here. Aslam v Secretary of…
CIVIL PROCEDURE BACK TO BASICS 53A: PART 36 AND COSTS AFTER THE COURT HAS LIMITED THE BUDGET TO COURT FEES: ALI -v-CHANNEL 5
Shortly after I completed the post on Part 36 offers after the costs budget has been confined to court fees Professor Dominic Regan reminded me that there is another example in Ali & Anor v Channel 5 Broadcast Ltd [2018] EWHC…
CIVIL PROCEDURE BACK TO BASICS 50: THE POSTS SO FAR
The “back to basics” series has been going since April 2018. It has covered a surprising amount of topics. From how to draft an application to “litigation wishful thinking”. Some people have expressed surprise and how “basic” some points are…
MAKING APPLICATIONS IN ADVANCE OF A BREACH: WHY A STITCH IN TIME OFTEN, BUT NOT INVARIABLY, SAVES AN APPLICANT
The post earlier today about the decision in Bedzhamov & Ors Re Vneshprombank LLC [2019] EWHC 1430 (Ch) was an example of the court refusing an application for an extension of time made in advance of the date of breach. The…
ANOTHER TRIAL BUNDLE CASE: ACTION STRUCK OUT FOR FAILURE TO PREPARE TRIAL BUNDLE: APPEAL AGAINST STRIKING OUT DISMISSED
In Al-Balhaa v Raphael & Ors [2019] EWHC 1323 (QB) Mr Justice Nicol upheld a finding that the action was struck out because of the claimant’s failure to prepare a trial bundle and relief from sanctions should not be granted. …
TRYING TO SERVE A SUPPLEMENTAL EXPERT’S REPORT: WHEN DO THE DENTON PRINCIPLES APPLY?
In Global Horizons Corporation -v- Gray [2019] EWHC 1132 (Ch) Mr Justice Arnold considered the question of when the Denton principles apply to service of a “supplementary” medical report. “… the question of whether an application for permission to…
CIVIL PROCEDURE BACK TO BASICS 42: WHY A DAY EARLY IS SO VERY DIFFERENT TO A DAY LATE: THE ROBERT CRITERIA
There is a world of different between a prospective and retrospective application to extend time, or comply with an order. Every litigator has to know about Robert -v- Momentum Services [2003] EWCA Civ 229. An application made in advance means that the…
RELIEF FROM SANCTIONS GRANTED WHERE MONEY PAID 17 HOURS LATE:”A SENSE OF PERSPECTIVE IS NECESSARY”
In Khandanpour v Chambers [2019] EWCA Civ 570 the Court of Appeal allowed an appeal in relation to a refusal to give relief from sanctions. A delay in payment of 17 hours of part of the moneys ordered by the…
SERVICE, THE CLAIM FORM AND DENTON: THE COURT WOULD NOT TAKE THE HUMP WHEN DOCUMENTS WERE NOT SERVED: NEITHER SERIOUS OR SIGNIFICANT
In Ablynx NV & Anor v Vhsquared Ltd & Ors [2019] EWHC 792 (Pat) HHJ Hacon brushed aside the defendant’s objections in relation to service of the claim form. THE CASE The action was in relation to patents from an…
APPLICATION FOR RELIEF REFUSED AFTER LATE SERVICE OF WITNESS STATEMENTS
In SRI Lalithambika Foods Ltd, R (On the Application Of) v Secretary of State for the Home Department [2019] EWHC 761 (Admin) Charles Bourne QC, sitting as a High Court Judge, refused the claimant’s application to rely on witness statements…
RELIEF FROM SANCTIONS, LATE SERVICE OF NOTICE TO APPEAL AND THE LITIGANT IN PERSON
In London Borough of Hamlets v Al Ahmed [2019] EWHC 749 (QB) Mr Justice Dove set aside an order granting an appellant an extension of time for appealing. The fact that the appellant was a litigant in person was not a…
DENTON CONSIDERED: EXTENSION ALLOWED WHEN NOTICE HAD GONE INTO SOLICITOR’S SPAM FOLDER
In Adetoye v The Solicitors Regulation Authority [2019] EWHC 707 (Admin) Mr Justice Mostyn allowed an appellant an extension of time when a notice of appeal was served late. The delay was because the appellant had not noticed the order appealed…
“THE DEFENDANTS DID NOT TAKE THE DIRECTIONS SERIOUSLY ENOUGH”: ANOTHER RELIEF FROM SANCTIONS CASE
In Otuo v The Watch Tower Bible And Tract Society of Britain (Relief from Sanctions 1) [2019] EWHC 341 (QB) Mr Justice Warby granted the defendant relief from sanctions. However the observations made in relation to the conduct of litigation are…
“OUTSIDE THE REALMS OF FICTION”, NOT NECESSARILY A PRUDENT WAY TO CONDUCT LITIGATION: WITNESS STATEMENTS, WITNESS SUMMARIES AND RELIEF FROM SANCTIONS:
In Otuo v The Watch Tower Bible And Tract Society of Britain (Relief from Sanctions 2) [2019] EWHC 346 (QB) Mr Justice Warby granted limited relief from sanctions to a litigant in person who had served “witness summaries” rather than witness…
DEFAULT JUDGMENT SET ASIDE, RELIEF FROM SANCTIONS GRANTED: ACTION THEN STRUCK OUT: REMEMBERING THE BASIC OBLIGATION TO FILE A DEFENCE – ON TIME
In Workman v Deansgate 123 LLP [2019] EWHC 360 (QB) Mr Justice William Davis allowed an application to set aside a default judgment and relief from sanctions. The most surprising procedural aspect of this case is the defendant’s failure to file…
IF YOU ARE AT TRIAL AND HAVEN’T PAID THE TRIAL FEE: STRIKE OUT IS AUTOMATIC: A FORMAL APPLICATION FOR RELIEF FROM SANCTIONS NEEDS TO BE MADE
In Hyslop -v- 38/41 CHG Residents Company Limited [2018] EWHC 3893 (QB) Mr Justice Freedman considered a case in which the fact that a claimant had not paid the trial fee only came to light at the trial itself. …
DEFENDANTS REFUSED RELIEF FROM SANCTIONS: INADEQUATE EXPLANATIONS WILL NOT SUFFICE
In Consult II SRO & Ors v Shire Warwick Lewis Capital Ltd & Ors [2019] EWHC 286 (Comm) Andrew Henshaw QC (sitting as a High Court Judge) refused the defendants’ application for relief from sanctions. The lack of a candid explanation…
“IF EVER THERE WERE A CASE IN WHICH THE COURT SHOULD REFUSE TO EXERCISE ITS DISCRETION IN FAVOUR OF GIVING THE CLAIMANTS ANY FURTHER INDULGENCE, THIS IS IT”
The judgment in Jetly & Anor v The Secretary of State for the Home Department [2019] EWHC 204 (Admin) sets out a series of surprising events. Mrs Justice Andrews came down very firmly against granting relief from sanctions. Many of the…
CIVIL PROCEDURE BACK TO BASICS 30: THE ADVANTAGES OF APPLYING FOR AN EXTENSION BEFORE THE DATE OF BREACH: THE CASE KEEPS MOMENTUM
In Robert –v- Momentum Services Limited [2003] EWCA Civ 299 the Court of Appeal held that where an application for an extension of time is made before the expiry of the stipulated period this was not a case as one of relief from sanctions. The…
JUDGE WAS WRONG TO IMPOSE SECURITY FOR COSTS ORDER IN RESPONSE TO WITNESS STATEMENT BEING SERVED LATE: COURT OF APPEAL DECISION
In Gama Aviation (UK) Ltd v Taleveras Petroleum Trading DMCC [2019] EWCA Civ 119 the Court of Appeal overturned a first instance decision where a summary judgment application was adjourned on terms that the defendant provided security for costs. The defendant…