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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers, Leeds, Manchester & Birmingham.
Browse: Home » CPR 3.9
UPDATED DENTON RESOURCE: AVAILABLE ONLINE NOW

UPDATED DENTON RESOURCE: AVAILABLE ONLINE NOW

February 10, 2021 · by gexall · in Civil evidence, Civil Procedure, Relief from sanctions

The Sanctions Case Watch section of this blog does its best to keep up to date with cases relating to relief from sanctions. It does this in chronological order. There is always a link in that section to the useful…

REVIEW OF CIVIL PROCEDURE IN 2020 III : SOME FACTS AND FIGURES: POPULAR BLOG POSTS, VISITOR NUMBERS AND SEARCH TERMS

REVIEW OF CIVIL PROCEDURE IN 2020 III : SOME FACTS AND FIGURES: POPULAR BLOG POSTS, VISITOR NUMBERS AND SEARCH TERMS

December 30, 2020 · by gexall · in Appeals, Avoiding negligence claims, Civil evidence, Civil Procedure, Costs, Relief from sanctions, Witness statements

Needless to say this has been an unusual year for litigators.   It is always interesting to review what have been the most popular posts on this blog and look at some facts and figures.  Can we tell anything about the…

COSTS LAWYERS BEWARE: COURT REFUSES TO SET ASIDE DEFAULT COSTS CERTIFICATE: "AVOIDABLE DELAY" IS NOT LOOKED AT KINDLY

COSTS LAWYERS BEWARE: COURT REFUSES TO SET ASIDE DEFAULT COSTS CERTIFICATE: “AVOIDABLE DELAY” IS NOT LOOKED AT KINDLY

December 17, 2020 · by gexall · in Applications, Assessment of Costs, Avoiding negligence claims, Civil Procedure, Costs, Extensions of time, Relief from sanctions

In  Masten v London Britannia Hotel Ltd [2020] EWHC B31 (Costs) Mr Leonard refused to set aside a default costs certificate.  This serves as a salutary warning of the importance of time limits.  Further the Master observed that if a…

DENTON PRINCIPLES APPLIED IN THE ADMINISTRATIVE COURT: EXTENSION OF TIME GRANTED FOLLOWING DEFAULT IN AN EXTRADITION CASE

DENTON PRINCIPLES APPLIED IN THE ADMINISTRATIVE COURT: EXTENSION OF TIME GRANTED FOLLOWING DEFAULT IN AN EXTRADITION CASE

July 15, 2020 · by gexall · in Appeals, Applications, Civil Procedure, Relief from sanctions

In Zelenko v Prosecutor General’s Office of the Republic of Latvia [2020] EWHC 1800 (Admin) the Administrative Court applied Denton principles to an issue concerning extradition.   THE CASE An order had been made extraditing the applicant to Latvia.  The…

DEPP, DISCLOSURE, TEXT & TESTS: CASE STRUCK OUT BECAUSE OF FAILURE TO COMPLY WITH PEREMPTORY ORDER : CLAIMANT'S CASE NOW ALL AT SEA

DEPP, DISCLOSURE, TEXT & TESTS: CASE STRUCK OUT BECAUSE OF FAILURE TO COMPLY WITH PEREMPTORY ORDER : CLAIMANT’S CASE NOW ALL AT SEA

June 29, 2020 · by gexall · in Applications, Civil evidence, Disclosure, Relief from sanctions

In Depp v News Group Newspapers Ltd & Anor [2020] EWHC 1689 (QB) Mr Justice Nicol held that the claimant’s case stood struck out because of a failure to give disclosure.  There are important observations about the scope of disclosure….

THE SEVEN YEAR ITCH: CIVIL LITIGATION BRIEFS' 7th (OR 29th?) BIRTHDAY: FACTS, FIGURES AND HOW IT ALL BEGAN

THE SEVEN YEAR ITCH: CIVIL LITIGATION BRIEFS’ 7th (OR 29th?) BIRTHDAY: FACTS, FIGURES AND HOW IT ALL BEGAN

June 21, 2020 · by gexall · in Avoiding negligence claims, Case Management, Civil evidence, Civil Procedure, Costs, Witness statements

This week sees the seventh anniversary of Civil Litigation Brief as a blog.  That, it appears, is relatively young as a blog, the housing law blog Nearly Legal recently celebrated its 14th anniversary and is well into its truculent teenage…

WHEN THE SKY FALLS IN: WHAT TO DO WHEN THINGS GO WRONG IN LITIGATION: WEBINAR 6th AUGUST 2020

WHEN THE SKY FALLS IN: WHAT TO DO WHEN THINGS GO WRONG IN LITIGATION: WEBINAR 6th AUGUST 2020

June 18, 2020 · by gexall · in Avoiding negligence claims, Case Management, Civil evidence, Civil Procedure, Education, Relief from sanctions, Webinar, Well being

I have been writing on this blog for some time now that lawyers should be taught that mistakes happen.  We should aim to avoid them but if errors are made they are often rectifiable if dealt with correctly and quickly. …

WEBINARS ON LAW, PROCEDURE AND DAMAGES: READ ALL ABOUT THEM...

WEBINARS ON LAW, PROCEDURE AND DAMAGES: READ ALL ABOUT THEM…

June 17, 2020 · by gexall · in Case Management, Civil evidence, Civil Procedure, Credibility of experts, Damages, Fatal Accidents, Risks of litigation, Webinar, Witness statements

Since lockdown has made giving live presentations impossible I have been involved in presenting a number of webinars.  This would seem a good time to set them out.  Those that  have been given earlier this year are still available on…

THE "BACK TO BASICS" SERIES 80: THE POSTS SO FAR

THE “BACK TO BASICS” SERIES 80: THE POSTS SO FAR

June 16, 2020 · by gexall · in Avoiding negligence claims, Civil evidence, Civil Procedure

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”.  Two years on this is a good time to recap on…

CIVIL PROCEDURE: BLOG AND ARTICLES ROUND UP – MAY 2020

CIVIL PROCEDURE: BLOG AND ARTICLES ROUND UP – MAY 2020

June 2, 2020 · by gexall · in Case Management, Civil evidence, Civil Procedure, Costs, Relief from sanctions

As we adjust to the problems of the pandemic some of the more conventional issues of litigation have been dealt with extensively this month.  Costs ACL Trio of High Court judges issue costs penalties to defendants that refused ADR ACL Claimant not…

RELIEF FROM SANCTIONS SHOULD NOT HAVE BEEN GRANTED: CPR 3.9 PROPERLY APPLIED IS ARTICLE 6 COMPLIANT

RELIEF FROM SANCTIONS SHOULD NOT HAVE BEEN GRANTED: CPR 3.9 PROPERLY APPLIED IS ARTICLE 6 COMPLIANT

May 31, 2020 · by gexall · in Appeals, Applications, Civil evidence, Expert evidence, Relief from sanctions

The previous two posts on this blog have been warning against complacency in relation to the Denton principles.  This is the third in that series.  In Magee v Willmott [2020] EWHC 1378 (QB) Mrs Justice Yip allowed an appeal in…

LATE WITNESS STATEMENT: RELIEF FROM SANCTIONS NOT GRANTED:  A WARNING AGAINST COMPLACENCY

LATE WITNESS STATEMENT: RELIEF FROM SANCTIONS NOT GRANTED: A WARNING AGAINST COMPLACENCY

May 29, 2020 · by gexall · in Applications, Avoiding negligence claims, Case Management, Civil evidence, Civil Procedure, Relief from sanctions, Witness statements

Anyone who has had the pleasure of hearing Professor Dominic Regan lecture will know that he gives a constant warning that the Denton principles have not gone away. In relation to the late service of budgets in particular, but in…

NON-COMPLIANCE WITH ORDER FOR EXPERT EVIDENCE AND THE CLAIMANT'S APPLICATION GOES UP IN SMOKE...

NON-COMPLIANCE WITH ORDER FOR EXPERT EVIDENCE AND THE CLAIMANT’S APPLICATION GOES UP IN SMOKE…

May 29, 2020 · by gexall · in Applications, Expert evidence, Experts, Extensions of time, Relief from sanctions

Possibly the most difficult position you could put yourself in in litigation is for the court to make an order, do something the court did not allow, not get permission in advance, and then seek relief from sanctions thereafter.   …

RELIEF FROM SANCTIONS GRANTED FOLLOWING LATE SERVICE OF WITNESS STATEMENTS: SUCCESSFUL APPEAL TO THE HIGH COURT

RELIEF FROM SANCTIONS GRANTED FOLLOWING LATE SERVICE OF WITNESS STATEMENTS: SUCCESSFUL APPEAL TO THE HIGH COURT

May 19, 2020 · by gexall · in Appeals, Applications, Extensions of time, Relief from sanctions

High Court decisions in relation to relief of sanctions seem to be coming in pairs.  Yesterday we looked at Depp II v News Group Newspapers Ltd & Anor [2020] EWHC 1237 (QB) today we are looking at the claimant’s successful appeal…

CORONAVIRUS CATCH UP 1: DENTON AND RELIEF FROM SANCTIONS

CORONAVIRUS CATCH UP 1: DENTON AND RELIEF FROM SANCTIONS

May 6, 2020 · by gexall · in Civil Procedure, Relief from sanctions

I have, recently, been writing primarily about the impact of coronavirus on lawyers and civil procedure.  Some cases in “mainstream” civil litigation have been overlooked.  To prevent a “backlog” of cases here is a link to, and brief summary of,…

OUT OF TIME APPEAL ALLOWED BECAUSE OF ITS UNDERLYING MERITS: DENTON CONSIDERED

OUT OF TIME APPEAL ALLOWED BECAUSE OF ITS UNDERLYING MERITS: DENTON CONSIDERED

March 10, 2020 · by gexall · in Appeals, Applications, Extensions of time, Relief from sanctions

For the second time in two days I am writing about a relief from sanctions case where the court took into account the merits of the underlying case.  Yesterday relief was refused because the court held that the case had…

WITNESS STATEMENT SERVED 28 DAYS LATE: RELIEF FROM SANCTIONS REFUSED: ACTION STRUCK OUT: THE PERILS OF DELIBERATELY NOT COMPLYING WITH DIRECTIONS

WITNESS STATEMENT SERVED 28 DAYS LATE: RELIEF FROM SANCTIONS REFUSED: ACTION STRUCK OUT: THE PERILS OF DELIBERATELY NOT COMPLYING WITH DIRECTIONS

February 11, 2020 · by gexall · in Civil evidence, Civil Procedure, Relief from sanctions, Striking out, Witness statements

I am grateful to barrister Andrew Worthley for drawing my attention to, and sending me a note of the decision in Syed -v- Shah [2020] 2 WLUK 15 where Trower J upheld a decision not to grant a claimant relief…

APPLICATIONS FOR RELIEF FROM SANCTIONS: 10 KEY POINTS

APPLICATIONS FOR RELIEF FROM SANCTIONS: 10 KEY POINTS

January 14, 2020 · by gexall · in Applications, Avoiding negligence claims, Civil evidence, Civil Procedure, Relief from sanctions, Witness statements

We are now nearly six years on from the Denton decision and the principles are familiar to most litigators.  However applications for relief from sanctions are still a regular occurrence.  Success is never guaranteed. Here I want to look again at…

RELIEF FROM SANCTIONS REFUSED WHEN DEFENDANT FILES AN INADEQUATE PLEADING

RELIEF FROM SANCTIONS REFUSED WHEN DEFENDANT FILES AN INADEQUATE PLEADING

December 11, 2019 · by gexall · in Relief from sanctions, Statements of Case, Striking out

The Denton principles were considered in an unusual context by Mr Justice Julian Knowles in Oliver v Shaikh [2019] EWHC 3389 (QB).   THE CASE The claimant is a Circuit Judge. He brought an action for harassment against the defendant….

HIGH COURT ALLOWS RELIEF FROM SANCTIONS APPEAL FAILING A FAILURE TO PAY THE TRIAL FEE ON TIME

HIGH COURT ALLOWS RELIEF FROM SANCTIONS APPEAL FAILING A FAILURE TO PAY THE TRIAL FEE ON TIME

December 9, 2019 · by gexall · in Appeals, Applications, Avoiding negligence claims, Civil Procedure, Court fees, Relief from sanctions

In Badejo v Cranston [2019] EWHC 3343 (Ch) Mr Justice Fancourt overturned the decision of a Circuit Judge and granted relief from sanctions to a claimant who had failed to pay the trial fee in time.   One issue related to…

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