COURT REFUSES CLAIMANT’S APPLICATION FOR AN EXTENSION OF TIME FOR SERVICE OF THE CLAIM FORM: TIME IS ALWAYS TICKING
There are a number of issues relating to service of the claim form in the judgment of Mr Justice Nicklin in SMO v Tiktok Inc & Ors [2022] EWHC 489 (QB). Here we look at the judge’s refusal to grant…
LATE WITNESS STATEMENTS AND THE ASSESSMENT OF COSTS: COSTS REDUCED EVEN WHEN THEY WERE ON THE INDEMNITY BASIS
There are two distinct issues arising from the judgment of HHJ Pelling QC (sitting as a High Court judge) in Various Airfinance Leasing Companies & Ors v Saudi Arabian Airlines Corporation [2021] EWHC 3509 (Comm). The first relates to the…
JUDGE GRANTS DEFENDANT RELIEF FROM SANCTIONS IN RELATION TO LATE FILING OF THE ACKNOWLEDGMENT OF SERVICE
In Cambpell v Chief Land Registrar [2022] EWHC 200 (Ch) HHJ Hodge (sitting as a judge of the High Court) granted the defendant relief from sanctions following its failure to acknowledge service in time. “it would be unjust if two…
CLAIMANT’S APPLICATION FOR RELIEF FROM SANCTIONS REFUSED: A PARTY MORE INTERESTED IN APPEALING A COURT ORDER THAN COMPLYING WITH ITS TERMS…
In Day v Womble Bond Dickinson (UK) LLP [2021] EWHC 3236 (QB) Deputy Master Toogood refused a claimant’s application for relief from sanctions when there had been a four month delay in applying for permission to amend the Particulars of…
DEFENDANT GRANTED AN EXTENSION OF TIME WHEN IT WAS FIVE YEARS LATE: DENTON PRINCIPLES APPLIED
Until yesterday I do not recall seeing many cases where a defendant required an extension of time in order to make an application under CPR Part 11. However, like London buses, they seem to travel in pairs. In Apollo Ventures…
SERVICE OF THE CLAIM FORM: WHEN THE DEFENDANT NEEDS AN EXTENSION OF TIME TO TAKE POINTS AS TO SERVICE: PROBLEMS BORN IN THE US OF A.
In Joe Macari Servicing Ltd v Chequered Flag International Inc [2021] EWHC 3175 (QB) Master Dagnall considered a case where the defendant required an extension of time in order to take points in relation to service of proceedings. The Master…
APPLICATIONS AND INTERLOCUTORY HEARINGS (PLUS APPLYING FOR EXTENSIONS OF TIME)
On the 2nd December 2021 I am giving a webinar “Applications and Interlocutory Hearings: A Practitioner’s Guide”. Since applications are made, and resisted, on a regular basis it is easy to overlook the underlying rules and case law. This webinar…
DEFENDANT REFUSED PERMISSION TO WITHDRAW FIGURES SET OUT IN COUNTER-SCHEDULE
The judgment of Mr Justice Ritchie in Haggerty-Garton & Ors v Imperial Chemical Industries Ltd [2021] EWHC 2924 (QB) is interesting in that it shows the application of Scottish principles of damages to a fatal case (the award was much…
THE JUDGMENT IN JALLA -V- SHELL: THE JUDGMENT OF LORD JUSTICE UNDERHILL: THE ABSENCE OF ANY EXPLANATION FOR DELAY
The case of Jalla & Anor v Shell International Trading And Shipping Co. Ltd & Anor (Appeal 3: Refusal to Extend Time) [2021] EWCA Civ 1559 was covered in the previous post. It is worthwhile looking at the shorter judgment…
COURT OF APPEAL UPHOLDS DECISION NOT TO EXTEND TIME FOR COMPLIANCE WITH COURT ORDER: 28,000 CLAIMS BITE THE DUST
In the decision today in Jalla & Anor v Shell International Trading And Shipping Co. Ltd & Anor (Appeal 3: Refusal to Extend Time)[2021] EWCA Civ 1559 the Court of Appeal upheld a decision not to grant extensions of time…
APPEAL WAS OUT OF TIME DUE TO FAILURE TO USE EFILING: A POINT TO WATCH
The judgment of Eason Rajah QC (sitting as a Judge of the Chancery Division)in Walker v The Official Receiver [2021] EWHC 2868 (Ch) highlights a problem with appeals in the Chancery Division. The appellant had problems because an appeal was to…
DEFENDANTS FAILED TO COMPLY WITH PEREMPTORY ORDER: RELIEF FROM SANCTIONS REFUSED
In Parkes v Hall & Ors [2021] EWHC 2824 (QB) Sir Andrew Nicol refused the defendants’ application for relief from sanctions following failure to comply with relief from sanctions. THE CASE The defendants were ordered to file further…
THE DENTON CRITERIA: LATE APPEALS, NEW EVIDENCE AND PERMISSION TO APPEAL: A PROPOSED APPELLANT IS NOT ENTITLED TO TWO BITES OF THE CHERRY
The judgment of HHJ Karen Walden-Smith in Nagpal v Kumar [2021] EW Misc 17 (CC) illustrates the difficulties faced by a party that requires permission to appeal out of time and wishes to adduce new evidence at the proposed appeal….
CLAIMANTS’ APPLICATION FOR AN EXTENSION OF TIME REFUSED: AN APPLICATION AT (SIX MINUTES) AFTER THE DEADLINE
The judgment of Mrs Justice O’Farrell in Jalla & Ors v Royal Dutch Shell Plc & Ors [2021] EWHC 2118 (TCC) shows the dangers of assuming that an extension of time will be given. The judge found that an agreement…
EXTENSIONS OF TIME AND THE DENTON CRITERIA: WHEN IT IS UNSATISFACTORY FOR AN APPELLANT TO GO HUNTING
In Secretary of State for Work and Pensions & Anor v Hughes & Ors [2021] EWCA Civ 1093 the Court of Appeal were, shall we say, slightly unimpressed by an argument that a judge should have applied the Denton test…
PD51ZA WAS NOT EXTENDED: NEW PROVISIONS PLANNED TO ALLOW RULES TO BE CHANGED DURING PUBLIC EMERGENCY
There have been several enquiries recently as to whether PD51ZA, which allowed the parties to agree lengthier extensions of time, was extended. The simple answer is that it was not. The rule expired on 30th October 2020. MINUTES OF…
EXTENSION OF TIME TO APPEAL REFUSED: HIGH COURT DECISION TODAY
In the judgment today in Jamous v Mercouris [2020] EWHC 2814 (QB) Mr Justice Murray refused a claimant’s application for permission to appeal out of time. It is a reminder that applications of extensions of time to appeal are dealt…
DENTON PRINCIPLES APPLY WHERE WITNESS EVIDENCE SERVED LATE
The judgment of HHJ Matthews (sitting as a High Court judge) in Wolf Rock (Cornwall) Ltd v Langhelle [2020] EWHC 2500 (Ch) considers the issue of whether the Denton principles apply when a witness statement is served late but there…
RELIEF FROM SANCTIONS ALLOWED WHEN JUDGE HAD RESERVATIONS AS TO WHETHER STRIKING OUT ORDER SHOULD EVER HAVE BEEN MADE
In Barakat v Greycourt Ltd [2020] EWHC 643 (Ch) Mr Justice Fancourt granted relief from sanctions to an appellant whose appeal had been struck out without notice. One thing of note in this judgment is the order striking out the…
DENTON PRINCIPLES APPLIED IN THE ADMINISTRATIVE COURT: EXTENSION OF TIME GRANTED FOLLOWING DEFAULT IN AN EXTRADITION CASE
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…