AVOIDING PROCEDURAL PITFALLS – AND PUTTING THEM RIGHT: WEBINAR 6th DECEMBER 2018: HELPING LITIGATORS SLEEP SOUNDLY AT NIGHT…
On the 6th December I am presenting a webinar “Avoiding Procedural Pitfalls and Putting Them Right”. The aim is to look at the key problem areas of civil procedure, how to avoid problems and how to rectify problems if things…
RELIEF FROM SANCTIONS REQUIRED WHEN RESPONDENT’S NOTICE SERVED LATE: DENTON CONSIDERED
In Livewest Homes Ltd v Bamber [2018] EWHC 2454 (QB) Mr Justice Dingemans considered the issue of relief from sanctions when a Respondent’s Notice was served late. It is a useful reminder of the importance of serving a respondent’s notice and…
DENTON DECISIONS – AN INVALUABLE RESOURCE: RELIEF FROM SANCTIONS – A THEMATIC GUIDE UPDATED
I have written before about the invaluable resource provided by The Denton Resource. This has now been updated and is available following the link here. Congratulations to barrister Rachel Segal who took on this painstaking task. The Resource is a…
DENTON PRINCIPLES MEANS THAT APPEAL BITES THE DUST: CONFUSION AND BEING “LOST IN THE FOREST” ARE NOT GOOD GROUNDS FOR AN EXTENSION OF TIME
The Denton principles are considered in detail in the judgment of Edward Murray (sitting as a High Court Judge) in Sabesan v London Borough of Waltham Forest [2018] EWHC 2373 (Admin). The judgment confirms that the Denton principles are applicable to…
NO DUTY ON A PARTY TO INFORM AN OPPOSING PARTY THEY ARE MAKING AN ERROR: THE APPEAL JUDGMENT IN PHOENIX IN FULL:
I have already noted that the judgment at first instance in Woodward & Anor v Phoenix Healthcare Distribution Ltd [2018] EWHC 334 (Ch) has been overturned. The full appeal judgment is now available on BAILLI at [2018] EWHC 2152 (Ch), a decision of HH…
CIVIL PROCEDURE: BACK TO BASICS 10: CHALLENGING THE AUTHENTICITY OF DOCUMENTS MUST BE DONE PROMPTLY: COURT REFUSES LATE APPLICATION – DENTON CRITERIA APPLIED
There is a short addendum to the judgment of Lionel Persey QC (sitting as a High Court Judge) in Lloyd v Kruger [2018] EWHC 2011 (Comm). This deals with a very late application by the claimant to assert that documents were…
SETTING JUDGMENT ASIDE: LIMITATION, SECTION 33 AND DENTON: CARDS ON THE TABLE PLEASE – THIS IS THE CPR
In TPE v Franks [2018] EWHC 1765 (QB) Mr Justice Julian Knowles set aside a default judgment. The case contains some important observations as to how the courts should consider an application to set aside a default judgment – considering…
THE IMPORTANCE DIFFERENCE BETWEEN PROSPECTIVE AND RETROSPECTIVE APPLICATIONS TO EXTEND TIME: THE IMPORTANCE OF THE DATE OF THE APPLICATION
This post is caused by a search term that arrived on this blog today “Is an application for an extension of time an application for relief from sanctions?“. The short answer to that is – it depends. An application made after…
DENTON PRINCIPLES APPLIED TO A CASE WHERE A CLAIMANT FAILED TO GET PERMISSION TO ISSUE PROCEEDINGS
Although the Denton principles are much more settled it is prudent to keep a weather eye on cases where they are considered. His Honour Judge Davis-White QC (sitting as a judge of the Chancery Division in Leeds) applied the Denton principles in a…
LATE SERVICE OF NOTICE OF FUNDING AND RELIEF FROM SANCTIONS: THIS DOES NOT END WELL FOR THE CLAIMANT: COURT OF APPEAL DECISION
In the judgment today in Springer v University Hospitals of Leicester NHS Trust [2018] EWCA Civ 436 the Court of Appeal upheld a decision that refused to give relief from sanctions following late service of notice of funding. The case shows…
THE DENTON PRINCIPLES: CAN YOU BLAME A REPRESENTATIVE? SHOULD LITIGANTS IN PERSON BE TREATED MORE LENIENTLY?
The Denton principles were considered by the First-Tier Tribunal Tax Chamber in Clarke v Revenue and Customs (PROCEDURE : Other) [2018] UKFTT 123 (TC). Here we look at two particular parts of the judgment: (i) the relevance of reliance on an…
DENTON CONSIDERED: ADDITIONAL ALLEGATIONS MADE IN RELATION TO A SOLICITOR FORGING A WITNESS STATEMENT
The Denton criteria were considered by Mr Justice Sweeney in Liverpool Victoria Insurance Company Ltd v Khan & Ors [2018] EWHC 94 (QB). These were considered in an an unusual context. There are allegations (and it must be stressed that these…
THE PERILOUS STRATEGY OF SERVING EVIDENCE LATE: DENTON APPLIES: A RELEVANT FACTOR IN A SUMMARY JUDGMENT APPLICATION
The case of Crown House Technologies Ltd v Cardiff Commissioning Ltd & Anor [2018] EWHC 54 (TCC) highlights the dangers of waiting to serve evidence until the last moment. If it is served late then a party requires permission of the…
DENTON APPLIED WHEN THE OTHER SIDE DOES NOT SHOW UP FOR TRIAL
In Foreman v Williams [2017] EWHC 3370 (QB) Peter Marquand (sitting as a High Court judge) considered the application of the Denton principles in an unusual context. The claimant required relief from sanctions because he was unable to serve documents on…
CIVIL LITIGATION AND THE MARTIAL ARTS: MCGANN -V- BISPING: ROUND 3: LATE WITNESS STATEMENTS AND “IMPLICIT” ORDERS FOR RELIEF FROM SANCTIONS
We have already looked twice at the “sparring” arguments in relation to procedure in the case of McGann v Bisping [2017] EWHC 2951 (Comm). A further procedural issue arose as to whether a party was debarred from calling evidence at all. The…
RELIEF FROM SANCTIONS NOT GRANTED WHEN CLAIMANT ISSUES IN BREACH OF CIVIL RESTRAINT ORDER
In Couper v Irwin Mitchell LLP & Ors [2017] EWHC 3231 (Ch) Mr Justice Arnold refused the claimant’s application for relief from sanctions when the claimant had issued proceedings in breach of a civil restraint order. The claimant, however, was given…
DENTON PRINCIPLES LEAD TO APPLICATION FOR WASTED COSTS BEING STRUCK OUT: THE CONTINUANCE OF THE APPLICATION WAS DISPROPORTIONATE
The Denton principles were applied by the Administrative Court in Haigh v Westminster Magistrates Court & Or [2017] EWHC 3197 (Admin) when striking out an application for wasted costs. “It must not be forgotten that these are satellite proceedings, adjectival to…
NEW EXPERT EVIDENCE “BEYOND” THE 11th HOUR NOT ALLOWED: DENTON APPLIED IN THE TCC
In DPM Property Services Ltd v Emerson Crane Hire Ltd [2017] EWHC 3092 (TCC) Mr Justice Coulson overturned a decision giving a counterclaiming defendant permission to rely upon an expert report on quantum shortly before trial. The case is an example…
THE DENTON CRITERIA AND DISHONESTY: TELLING A LIE MAY NOT BE “SIGNIFICANT” BUT IT IS ALWAYS SERIOUS.
I am grateful to John McQuater for sending me through a copy of the judgment of His Honour Judge Robinson in the case of Wadsley -v- Sherwood Forest Hospitals NHS Foundation Trust (a copy of that judgment is available here Wadsley…
COST BUDGET SERVED TWO MONTHS LATE: RELIEF FROM SANCTIONS ALLOWED: DELAY DOES NOT ALWAYS GIVE RISE TO A SIGNIFICANT BREACH
I am grateful to my colleague Colin Richmond for sending me a copy of the decision of His Honour Judge Gosnell In Hewitt -v- Smith (Bradford County Court 16th June 2017) relating to a successful appeal from a refusal to…