NO RELIEF FROM SANCTIONS WHEN COSTS BUDGET FILED LATE: THE DECISION IN DETAIL
We have looked, briefly, at the Court of Appeal decision in Jamadar -v- Bradford Teaching Hospitals NHS Trust [2016] EWCA Civ 1001. I am grateful to Aaron Vodden of Hempsons for sending me a copy of the transcript which…
IF THE DEFENCE IS FILED LATE THE CLAIMANT IS STILL ENTITLED TO DEFAULT JUDGMENT: TWO POINTS TO WATCH
NB THIS DECISION HAS SINCE BEEN OVERTURNED BY A CHANGE IN THE RULES, SEE THE POST HERE. The decision of Deputy Master Pickering in Billington -v- Davies [2016] EWHC 1919 (Ch) illustrates two important principles that are often overlooked. A…
FAILING TO FILE A COST BUDGET AND REFUSAL TO GRANT RELIEF FROM SANCTIONS: A HARSH LESSON
If a litigation solicitor is ever given the job of designing wallpaper here are the three key things that should form the recurring motif. The costs budget is due 21 days before the first case management conference. Where the claim…
DEFAULT JUDGMENT ON COUNTERCLAIM NOT SET ASIDE – AN OBJECT LESSON IN STAYING AWAKE IN LITIGATION
The decision of Master Matthews today in Goldcrest Distribution Ltd -v- McCole [2016] EWHC 1571 (Ch) provides an object lesson in the need to stay awake to procedural issues throughout litigation. The claimant had a default judgment on a counterclaim…
STRIKING OUT A PLEADING WHEN IT DOES NOT COMPLY WITH THE RULES
In Jones -v- Longley [2016] EWHC 1309 (Ch) Master Matthews considered the criteria for striking out a pleading, in this case a counterclaim. There are important observations on the needs for pleadings to comply with the rules; on the fact…
LATE SERVICE OF NOTICE OF APPEAL: COUNSEL'S ERROR DOES NOT AMOUNT TO A GOOD REASON
In the judgment today in Turner -v- South Cambridgeshire District Council [2016] EWHC 1017(Admin)Mr Justice Warby considered the Denton guidance in relation to an application to appeal out of time. Among other factors he rejected the idea that an error…
COSTS BUDGET SERVED LATE: RELIEF FROM SANCTIONS ALLOWED ON APPEAL
In a judgment given today His Honour Judge Peter Gregory allowed an appeal against a decision to confine a claimant’s costs budget to court fees following late service of the costs budget. The case indicates that a more nuanced approach…
BRITISH GAS HAS PRODUCED SOME HOT AIR: DENTON APPLIED NOT CONVERTED
I have already seen several headlines, and numerous commentaries, that mention the “hard line” taken by the Court of Appeal in British Gas Trading -v- Oak Cash & Carry Limited [2016] EWCA Civ 153. The case is not as draconian as…
DENTON AND DELAY IN APPLYING FOR RELIEF FROM SANCTIONS: THE PRINCIPLES CANNOT BE CASH AND CARRIED AWAY
The judgment of the Court of Appeal in British Gas Trading -v- Oak Cash & Carry Limited [2016] EWCA Civ 153 reiterates the significance of the Denton principles. It also emphasises the importance of applying for relief from sanctions promptly….
DENTON CRITERIA OVERRIDES ALLEGATIONS OF FRAUD: COURT OF APPEAL DECISION: A WAKE UP CALL FOR THE INSURANCE INDUSTRY?
In Gentry -v- Miller and UK Insurance Company [2016] EWCA Civ 141 the Court of Appeal held that the fact that a defendant was alleging fraud did not entitle it to any special treatment in relation to breaches of rules….
THERE IS NO SPECIAL RULE FOR PUBLIC AUTHORITIES: SECRETARY OF STATE NOT GRANTED PERMISSION TO APPEAL OUT OF TIME
The previous post emphasised the point that state agencies have no preferred status when it comes to compliance with rules and relief from sanctions. This point was made clear again by the Court of Appeal judgment in The Secretary of…
A "DISTURBING" APPROACH TO COMPLIANCE: STATE AGENCIES HAVE NO PREFERRED STATUS
The judgment of the Court of Appeal in BPP Holdings -v- The Commissioners for Her Majesty’s Revenue and Customs [2016] EWCA Civ 121, contains some observations in relation to compliance that are of general relevance. Not least everyone litigating on…
RELIEF FROM SANCTIONS, "MATERIALITY" & CONSIDERING THE MERITS IN A DEFAULT JUDGMENT: APPEAL AGAINST REFUSAL OF RELIEF ALLOWED
In Joshi & Welch Limited -v- Tay Foods [2015] EWHC 3905 (QB) Mr Justice Green allowed an appeal where the judge a first instance refused to grant relief from sanctions. Much centred on the definition of the word “material”. The…
NO RELIEF FROM SANCTIONS AFTER BREACH OF A PEREMPTORY ORDER: HIGH COURT DECISION CONSIDERED
In Sinclair -V- Dorsey & Whitney (Europe) LLP [2015] EWHC 3888 (Comm) Mr Justice refused an application from relief from sanctions. (I am grateful to Michael Wilson & Partners Ltd for sending me a copy of the transcript). “The starting point is…
WAITING FOR LEGAL AID IS NOT A GOOD REASON FOR DELAY: COURT OF APPEAL DECISION
In R (Kigen) -v- Secretary of State for the Home Department [2015] EWCA Civ 1286 the Court of Appeal stated that delay caused by waiting for the Legal Aid Agency may no longer be accepted as a good reason for…
LATE EXPERT EVIDENCE, DENTON AND WAVING A FINGER IN THE AIR
The decision of the Court of Appeal in O’Connor -v- The Pennine Hospitals NHS Trust [2015] EWCA 1244 will receive much attention for the important observations made as to evidence, proof and “res ipsa loquitur”. However here I want…
RELIEF FROM SANCTIONS REFUSED IN £30 MILLION CASE: NOT ALL SANCTIONS ARE EQUAL
In Sinclair -v- Dorsey & Whitney (Mr Justice Popplewell 20/11/2015)* an application for relief from sanctions was refused in a case that the claimant valued at £30 million. THE CASE The claimants had been ordered to provide security for costs….
DENTON: EXTENSIONS OF TIME AND COSTS: OPPOSITION TO APPLICATIONS IS NOT ALWAYS UNREASONABLE
In The Queen on the Application of IDIRA -v- The Secretary of State for the Home Department [2015] EWCA Civ 1187 the Court of Appeal made a number of observations in relation to extensions of time, the Denton criteria, and…
DENTON, DELAY AND THE COURT OF APPEAL: OUT OF TIME APPEAL REFUSED
The Court of Appeal considered the Denton criteria in JA (Ghana) -v- The Secretary of State for the Home Department [2015] EWCA Civ 1031. A decision that emphasises that the criteria can be applied rigorously. “A more appropriate and (individually)…
COURT OF APPEAL REFUSES TO ALLOW APPEAL WHERE RELIEF FROM SANCTIONS GRANTED FOLLOWING FAILURE TO GIVE TIMEOUS NOTICE OF FUNDING
In its judgment today in Mischon De Reya -v- Caliendo [2015] EWCA Civ 1029 the Court of Appeal refused the Defendant’s appeal where a claimant had been granted relief from sanctions following a failure to give proper notice of funding….