ENTERING JUDGMENT IN DEFAULT: NO DUTY ON THE PARTIES TO HELP EACH OTHER: THE IMPORTANCE OF KNOWING THE RULES
There are some interesting observations in the judgment of HHJ Cadwallader (sitting as a Judge of the High Court) in Thiscompany Ltd & Ors v Welsh & Ors [2024] EWHC 2159 (Comm). It was a case where three of the…
THE AUTOMATIC STAY UNDER CPR 15.11 AND RELIEF FROM SANCTIONS: A CASE IN POINT
In Michael Wilson & Partners, Ltd v Short [2024] EWHC 2113 (Ch) Master Clark granted the claimant relief from sanctions in a case that had become automatically stayed under CPR 15.11. This case serves as a reminder, if nothing else,…
RELIEF FROM SANCTIONS REFUSED WHEN WITNESS EVIDENCE SERVED THREE WEEKS LATE: SOMETHING ABOUT THE DANGERS OF “CUT AND PASTE” SUBMISSIONS TOO…
In Seaton Management Ltd v Evans-Jones [2024] EWHC 1883 (Ch) ICC Judge Barber refused the respondent’s application for relief from sanctions when a witness statement was served three weeks late. “The matters addressed in the Respondent’s skeleton argument on…
DEFENDANT DID NOT ATTEND TRIAL: APPLICATION FOR REMOTE HEARING NOT ALLOWED: JUDGMENT ENTERED: DEFENDANT’S APPEAL UNSUCESSFUL
In Sobowale v Lendinvest Capital SARL [2024] EWHC 1829 (Ch) Nicola Rushton KC (sitting as a High Court Judge) dismissed a defendant’s appeal against judgment being entered against him when he failed to attend a trial. “There was no…
RESPONDENT GRANTED RELIEF FROM SANCTIONS WHEN WITNESS EVIDENCE WAS SERVED LATE: TO SHUT IT OUT FROM PRESENTING ITS BEST EVIDENCE WOULD BE “WHOLLY UNJUST AND DISPROPORTIONATE”
In Tanfield & Anor v Meadowbrook Montessori Ltd [2024] EWHC 1759 (Ch) ICC Judge Barber allowed a respondent’s application for relief from sanctions when witness evidence was served late. The Denton test was considered and, although the respondent could not…
SERVICE OF THE CLAIM FORM: SETTING JUDGMENT ASIDE; JURISDICTION; DELAY AND DENTON – QUITE A LOT IN ONE CASE
There are a lot of issues in the judgment of Master Sullivan in Tradin Organic Agriculture BV v Gold Grain Gida Tarim Urunleri Sanayi Ve Ticaret Anonim Sirketi [2024] EWHC 1562 (KB). Firstly whether the mixing up of pages in…
“CIVIL LITIGATION IN THE MODERN ERA REQUIRES THE PARTIES TO BEHAVE REASONABLY”, PARTY PENALISED IN COSTS FOR NOT AGREEING TO AN EXTENSION OF TIME
In Invenia Technical Computing Corporation & Anor v Hudson [2024] EWHC 1481 (KB) Mr Justice Knowles held that a party that had refused a reasonable request for an extension of time should pay the costs of that application. “……
CLAIMANT REFUSED RELIEF FROM SANCTIONS IN SERVING NOTICE OF NON-ADMISSION OF AUTHENTICITY OF DOCUMENTS: THE APPLICATION WAS LATE, AND THE ARGUMENT WAS HOPELESS
In Invest Bank PSC v El-Husseini & Ors [2024] EWHC 1804 (Comm) Mr Justice Calver refused the claimant bank’s application for relief from sanctions when it served a notice of a notice to prove the authenticity of a document. The…
SECRETARY OF STATE REFUSED PERMISSION TO RELY ON A WITNESS STATEMENT THAT WAS SERVED LATE
In One Trees Estates Ltd, R (On the Application Of) v Secretary of State for the Home Department [2024] EWHC 1644 (Admin) Margaret Obi, sitting as a Deputy High Court Judge, refused the Secretary of State’s application for permission to…
DEFENDANT’S APPLICATION FOR RELIEF FROM SANCTIONS REFUSED: AN APPLICATION TO DISPUTE JURISDICTION SHOULD BE DONE PROMPTLY
In Ibrahim v AXA Belgium [2024] EWHC 856 (KB) Master Fontaine refused the defendant’s application for an extension of time to dispute the jurisdiction. The defendant should have applied within 14 days of acknowledging service, it took 30. The defendant’s…
THE DANGERS OF RUNNING UP TO DEADLINES AND LEAVING MATTERS LATE FOR COMPLIANCE: DEFENDANT HAD FAILED TO FILE WITH COURT ORDERS: REFUSAL TO GRANT RELIEF FROM SANCTIONS UPHELD ON APPEAL
The judgment of Mr Justice Ritchie in Jaiyesimi v Kukoyi [2024] EWHC 164 (KB) has many important lessons for litigators. Firstly the need for the fee to be paid in order that an application is properly made. Secondly the dangers…
LAWYERS MUST LIKE LIVING DANGEROUSLY: APPLICATION MADE THREE MINUTES BEFORE DEADLINE: THE CLAIMANT SCRAPES HOME…
In Lloyds Developments Ltd v Accor HotelServices UK Ltd [2024] EWHC 941 (TCC) Mrs Justice Jefford considered a claimant’s application for an extension of time to comply with a peremptory order which was made 3 minutes prior to the time…
PROCEDURE, DAMAGES, LIABILITY, COSTS AND LIMITATION: A SERIES OF WEBINARS THIS YEAR AIMING TO HELP AVOID OR DEAL WITH PROBLEMS IN LITIGATION
The issues arising from many of the cases looked at on this blog are being considered in a series of webinars starting later this month. The webinars cover many of the problem areas of litigation: what to do when things…
DEFENDANT FAILS TO GIVE FULL DISCLOSURE: PEREMPTORY ORDER MADE AND BREACHED: APPLICATION FOR RELIEF FROM SANCTIONS FAILED: APPEAL UNSUCCESSFUL
In Winchester Park Ltd v 1 Palace Gate Freehold Ltd [2024] EWHC 661 (Ch) Mr Justice Adam Johnson dismissed a defendant’s appeal on the issue of relief from sanctions. He held that the judge below was entitled to refuse to…
LATE SERVICE OF THE PARTICULARS OF CLAIM AND RELIEF FROM SANCTIONS: CLAIMANT ALLOWED TO PURSUE CLAIM AGAINST ONE DEFENDANT BUT NOT THE OTHER: WHAT A DIFFERENCE AN ADMISSION MAKES
In Bangs v FM Conway Ltd & Anor [2024] EWHC 494 (Comm) Mr Justice Jacobs considered the claimant’s application for relief from sanctions when the particulars of claim had been served late. He allowed the claimant’s application against one defendant…
DENTON WATCH 2: COURT REFUSES LATE APPLICATION FOR PERMISSION TO APPEAL
In Tameside Caravans and Storage Ltd v Viavecto Ltd [2024] EWHC 95 (KB) Mr Justice Constable refused the defendant’s request for permission to appeal out of time. The fact that the defendant was a litigant in person at the time…
DENTON WATCH: CLAIMANT REFUSED RELIEF FROM SANCTIONS WHEN THE CLAIM FORM WAS NOT SERVED DUE TO SOLICITOR’S MISTAKEN BELIEF THAT IT WOULD BE SERVED BY THE COURT
In Phipps v Goulbourne (Re the Estate of Tetla Yvonne Goulboure otherwise Tetla Yvonne Butler) [2024] EWHC 130 (Ch) Master Teverson refused the claimant’s application for relief from sanctions. The claimant failed to serve a claim form, in accordance with…
FIRST CLAIM FORM CASE OF 2024: CLAIMANT COMES TO GRIEF WHEN THE DEFENDANT WAS SERVED BY THE WRONG METHOD: NO RELIEF AVAILABLE
It took until the 4th January for the first case in relation to service of the claim form to come to light. In Chehaib v King’s College Hospital NHS Foundation Trust & Ors [2024] EWHC 2 (KB) Master Stevens dismissed…
COURT REFUSES (VERY) LATE APPLICATION TO RELY ON A WITNESS STATEMENT
In Johnstone v Fawcett’s Garage (Newbury) Ltd [2023] EWHC 3010 (KB) HHJ Simon rejected the claimant’s application, to rely on a new witness. The application was made as a preliminary issue at trial, there was no formal application, there was…
THIS MAY (OR MAY NOT) BE THE FINAL CLAIM FORM CASE OF 2023: CLAIMANT MAKES FUNDAMENTAL MISTAKE AS TO SERVICE, DEFENDANTS FAIL TO NOTICE IN TIME: THERE IS MUCH TO LEARN HERE…
There are lessons for both claimants and defendant litigators in the judgment of Master Teverson (sitting in retirement) in Simon Bain Building Services Ltd v Cardone & Anor [2023] EWHC 2916 (Ch). Firstly we see another error by the claimant…