DEFENCE STRUCK OUT FOLLOWING FAILURE TO GIVE FULL DISCLOSURE: SEVERE SANCTION WAS NOT DISPROPORTIONATE
In MKG Convenience Ltd, Re [2020] EWHC 547 (Ch) HHJ David Cooke refused the defendants’ application for relief from sanctions following a failure to comply with a peremptory order in relation to disclosure. The sanction was severe, however the circumstances…
OUT OF TIME APPEAL ALLOWED BECAUSE OF ITS UNDERLYING MERITS: DENTON CONSIDERED
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…
APPLICATION FOR RELIEF REFUSED BECAUSE THE UNDERLYING CLAIM WAS MISCONCEIVED: A RARE EXAMPLE OF THE MERITS OF THE ACTION BEING CONSIDERED
In Price, R v (on the application of) v The Crown Court at Snaresbrook [2020] EWHC 496 (Admin) Mr Justice Freedman refused the claimant’s application for relief from sanctions because the underlying claim was “hopeless”. This is a rare example…
WITNESS STATEMENT SERVED 28 DAYS LATE: RELIEF FROM SANCTIONS REFUSED: ACTION STRUCK OUT: THE PERILS OF DELIBERATELY NOT COMPLYING WITH DIRECTIONS
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
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…
11th HOUR APPLICATION TO INTRODUCE NEW WITNESS EVIDENCE (AND A NEW CASE) REFUSED
In Crumpler & Anor (Liquidators Of Peak Hotels And Resorts Ltd v Candey Limited [2019] EWHC 3558 (Ch) HHJ Davis-White QC (sitting as a High Court judge) refused a party relief from sanctions where witness statements were served late. The…
ATTEMPTING TO GIVE EVIDENCE IN SUBMISSIONS AND SUBMISSIONS IN EVIDENCE: SHOULD THE TWAIN EVER MEET?
The recent post on the Post Office case and the defendant’s attempts to introduce new evidence at the submissions stage has caused me to revisit a post from several years ago. This was, in turn, caused by a recollection of…
2019 AND CIVIL PROCEDURE – THE YEAR IN REVIEW (3): SANCTIONS AND RELIEF FROM SANCTIONS (OR NOT…)
Another certainty about writing about civil procedure is that every year will bring a batch of applications relating to sanctions and relief from sanctions. This year has been no different. We start off (from the end of last year) with…
CIVIL PROCEDURE AND COSTS: BLOG AND ARTICLES ROUND UP – NOVEMBER 2019
Here we have links to blogs and articles about civil procedure and costs from November 2019. COSTS Costs Barrister Blaming others Costs Barrister The undiscovered country Herbert Smith Freehills Court of Appeal confirms jurisdiction to award claimant interim payment on account of costs…
ANONYMOUS LITIGANT REFUSED RELIEF FROM SANCTIONS: “ALL THE CIRCUMSTANCES OF THE CASE MILITATE AGAINST GRANTING THE CLAIMANT RELIEF”
In ABC v Google LLC [2019] EWHC 3020 (QB) Mr Justice Pushpinder Saini refused an (anonymous) claimants application for relief from sanctions. The case has some unusual features, however it does highlight the point that a relief from sanctions application…
RELIEF FROM SANCTIONS: CANDOUR FROM THE APPLICANT AND NO EVIDENCE FROM THE DEFENDANT TO PROVE PREJUDICE
There is a report of a case where relief from sanctions was granted in Anglia Autoflow North America LLC and Another v Anglia Autoflow Ltd [2019] Costs LR 155. One thing that marks this case is the total candour from the…
APPLICATION FOR RELIEF FROM SANCTIONS: THE IMPORTANCE OF PROMPT APPLICATIONS
In Pepe’s Piri Piri Ltd & Anor v Muhammad Ali Junaid Food Trends Ltd (Now Dissolved) & Ors[2019] EWHC 2769 (QB) Matthew Gullick (sitting as a High Court judge) granted the claimants relief from sanctions in relation to late service…
WITNESS SUMMARIES, WITNESS SUMMONSES AND RELIEF FROM SANCTIONS: ALL IN ONE CASE…
In Morley (t/a Morley Estates) v The Royal Bank of Scotland Plc [2019] EWHC 2865 (Ch) Mr Justice Kerr granted the claimant’s application to rely on witness summaries and refused the defendant’s application to set aside witness summonses. The judge…
THE TRIAL JUDGE SHOULD HAVE FOUND THAT THE CLAIMANT WAS FUNDAMENTALLY DISHONEST: INADEQUATE DISCLOSURE LEADS TO QOCS BEING DISAPPLIED
In Haider v DSM Demolition Ltd [2019] EWHC 2712 (QB) Mr Justice Julian Knowles refused a claimant’s appeal against a finding that the defendant was not negligent. He granted the defendant relief from sanctions and allowed an appeal against a…
REFUSAL TO GRANT RELIEF FROM SANCTIONS OVERTURNED ON APPEAL: “THE SANCTION WAS WHOLLY DISPROPORTIONATE AND IT WAS WRONG NOT TO GRANT RELIEF”
In Michael v Lillitos [2019] EWHC 2716 (QB) Mrs Justice Steyn overturned a decision refusing relief from sanctions. The Appellant had made payments by cheque rather than by bank transfer. It is also an important example of the pitfalls caused…
DENTON APPLIED TO OUT OF TIME APPLICATION IN COMMITTAL PROCEEDINGS: THE APPLICANT STAYS IN JAIL
In Lakatamia v SU [2019] EWCA Civ 1626 the Court of Appeal refused an application for permission to appeal out of time in a case where the applicant had been committed to prison for contempt. “Hysaj establishes that the…
DEFENDANTS – WAKE UP, SERIOUSLY: A “VERY RELAXED” ATTITUDE TO THE RULES WILL COST YOUR CLIENTS DEAR: APPLICATION FOR EXTENSION OF TIME TO FILE A DEFENCE REFUSED: REFUSAL CONFIRMED ON APPEAL
In Joan Angela Kember v (As Personal Representative of the Estate of Leonard John Kember, Deceased And On Her Own Behalf And On Behalf of His Dependants) [2019] EWHC 2297 (QB) Mrs Justice Lambert upheld a refusal to grant a…
BOTH SIDES LATE WITH WITNESS EVIDENCE: BOTH SIDES REFUSED RELIEF FROM SANCTIONS: DEUCE IN A JUICE CASE
There are many interesting aspects of the judgment in Goknur Gida Maddeleri Enerji Imalat Ithalat Ihracat Ticaret VE Sanati A.S (Goknur) v Organic Village Ltd [2019] EWHC 2201 (QB), not least that both sides were in default in relation to…
RELIEF FROM SANCTIONS GRANTED WHEN WITNESS AND EXPERT EVIDENCE SERVED LATE : EXPLAIN DELAY EVEN IF THERE IS NO GOOD REASON FOR IT
In Castle Trustees Ltd -v-Bombay Palace Restaurant Ltd [2017] EWHC 3893 (TCC) Mrs Justice Jefford allowed the defendant’s application for relief from sanctions when the defendant served witness and expert evidence late. This case is interesting for a number of…
APPLICATION FOR EXTENSION OF TIME FOR DETAILED ASSESSMENT PROCEEDINGS REFUSED:
There are many lessons that litigation lawyers can learn from the judgment of Master Leonard in Rattan v Carter-Ruck Solicitors [2019] EWHC B9 (Costs). It is a case where a client agreed to a settlement and then, essentially, sought to…