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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers, Leeds, Manchester & Birmingham. 4-5 Gray's Inn Square, London.
Browse: Home » Peremptory orders
DEFENDANTS DEBARRED FROM DEFENDING A CLAIM CANNOT PARTICIPATE IN THE TRIAL: "DEBARRING ORDERS SHOULD MEAN WHAT THEY SAY"

DEFENDANTS DEBARRED FROM DEFENDING A CLAIM CANNOT PARTICIPATE IN THE TRIAL: “DEBARRING ORDERS SHOULD MEAN WHAT THEY SAY”

July 11, 2022 · by gexall · in Applications, Civil Procedure, Relief from sanctions

In  Financial Conduct Authority v London Property Investments & Ors [2022] EWHC 1041 (Ch)    Mr Justice Trower considered whether a defendant, debarred from participating in proceedings, could play any part in the trial of those proceedings.  It also highlights…

CONSTRUING PEREMPTORY ORDERS: THE DATE FOR COMPLIANCE IS THE DATE FOR COMPLIANCE: COURT OF APPEAL DECISION

CONSTRUING PEREMPTORY ORDERS: THE DATE FOR COMPLIANCE IS THE DATE FOR COMPLIANCE: COURT OF APPEAL DECISION

September 23, 2021 · by gexall · in Appeals, Civil Procedure, Striking out

In Poule Securities Ltd v Howe & Ors [2021] EWCA Civ 1373 the Court of Appeal considered the construction of an “unless” order.  It was held that the date for compliance on the order had to be construed as the…

UNLESS ORDER MADE WHEN THE CLAIMANT HAD NOT PAID AN INTERLOCUTORY ORDER FOR COSTS

UNLESS ORDER MADE WHEN THE CLAIMANT HAD NOT PAID AN INTERLOCUTORY ORDER FOR COSTS

March 1, 2021 · by gexall · in Civil Procedure, Costs, Peremptory orders, Striking out, Summary assessment,

In Junejo v New Vision TV Ltd [2021] EWHC 449 (QB) Deputy Master Hill QC made a peremptory order that the claimant pay an order for costs.  However that payment was to be by instalments.  There is a useful review…

CLAIMANT GIVEN RELIEF FROM SANCTIONS FOLLOWING BREACH OF PEREMPTORY ORDER (WITH NO FORMAL APPLICATION BEING MADE).

CLAIMANT GIVEN RELIEF FROM SANCTIONS FOLLOWING BREACH OF PEREMPTORY ORDER (WITH NO FORMAL APPLICATION BEING MADE).

October 21, 2020 · by gexall · in Applications, Peremptory orders, Relief from sanctions

In Park v Hadi & Anor [2020] EWHC 2687 Mr Justice Freedman granted a defendant relief from sanctions in circumstances where there had been a breach of a peremptory order and no formal application had been made.   THE CASE…

RELIEF FROM SANCTIONS WOULD HAVE BEEN GRANTED (IF IT WAS NECESSARY) WHERE BREACH OF A PEREMPTORY ORDER WAS NOT SERIOUS OR SIGNIFICANT

September 10, 2020 · by gexall · in Applications, Peremptory orders, Relief from sanctions

In  Kazakhstan Kagazy Plc & Ors v Zhunus & Ors [2020] EWHC 2431 (Comm) Mr Justice Henshaw held that a defendant had not breached a peremptory order and relief from sanctions was not required.  However he indicated that if there…

WHAT IS THE APPROPRIATE TEST IF SOMEONE APPLIES  IN ADVANCE TO EXTEND TIME TO COMPLY WITH A PEREMPTORY ORDER? HIGH COURT DECISION

WHAT IS THE APPROPRIATE TEST IF SOMEONE APPLIES IN ADVANCE TO EXTEND TIME TO COMPLY WITH A PEREMPTORY ORDER? HIGH COURT DECISION

August 9, 2019 · by gexall · in Civil Procedure, Extensions of time, Peremptory orders, Relief from sanctions

In Everwarm Ltd v BN Rendering Ltd [2019] EWHC 2078 (TCC) Mr Alexander Nissen QC (sitting as a Deputy High Court Judge) considered the appropriate test to be applied when the court made a peremptory order and an application was…

DEBARRED PARTY CANNOT CROSS-EXAMINE AT TRIAL:  WHAT ROLE CAN A DEBARRED PARTY PLAY AT TRIAL?

DEBARRED PARTY CANNOT CROSS-EXAMINE AT TRIAL: WHAT ROLE CAN A DEBARRED PARTY PLAY AT TRIAL?

August 9, 2018 · by gexall · in Applications, Peremptory orders, Striking out

In Kliers v Schmerler & Anor [2018] EWHC 1350 (Ch) Mr M H Rosen QC (sitting as a  Deputy High Court Judge) refused the defendant’s application that it be allowed to cross-examine the claimant even after it had been debarred from…

FAILURE TO PAY INTERLOCUTORY COSTS LEADS TO PEREMPTORY BEING MADE: PAY UP OR BE STRUCK OUT

FAILURE TO PAY INTERLOCUTORY COSTS LEADS TO PEREMPTORY BEING MADE: PAY UP OR BE STRUCK OUT

October 3, 2017 · by gexall · in Costs, Peremptory orders, Sanctions

In Michael Wilson & Partners Ltd v Sinclair & Ors [2017] EWHC 2424 (Comm) Sir Richard Field (sitting as a Deputy Judge of the High Court) made a peremptory order following the defendants’ failure to pay interlocutory costs.  The relevant defendants…

NON-COMPLIANCE WITH PEREMPTORY ORDERS: THE FULL JUDGMENT IN POWELL -v- WATFORD BOROUGH COUNCIL

NON-COMPLIANCE WITH PEREMPTORY ORDERS: THE FULL JUDGMENT IN POWELL -v- WATFORD BOROUGH COUNCIL

September 23, 2017 · by gexall · in Applications, Civil Procedure, Conduct, Disclosure, Peremptory orders, Sanctions

I have written before about the judgment of Mr Justice Jay in Powell -v- Watford Borough Council [2017] EWHC 2283 (QB). The full transcript has now become available. It deals with an important point about the need to follow the…

RELIEF FROM SANCTIONS  FOLLOWING BREACH OF A PEREMPTORY ORDER:  APPLICATION REFUSED:  A WORKING HOLIDAY IS NO EXCUSE

RELIEF FROM SANCTIONS FOLLOWING BREACH OF A PEREMPTORY ORDER: APPLICATION REFUSED: A WORKING HOLIDAY IS NO EXCUSE

September 7, 2017 · by gexall · in Civil Procedure, Peremptory orders, Relief from sanctions

In The Financial Conduct Authority v Da Vinci Invest Ltd & Ors [2017] EWHC 2220 (Ch) Mr Justice Snowden rejected a defendant’s application for relief from sanctions for breach of a peremptory order. It is unusual in that the court considered…

COMPLYING WITH DIRECTIONS IN THE FIRST-TIER TRIBUNAL: IT CAN BE A TAXING MATTER: PUBLIC BODIES SHOULD LIVE UP TO THE STANDARDS EXPECTED IN THE CONDUCT OF LITIGATION

COMPLYING WITH DIRECTIONS IN THE FIRST-TIER TRIBUNAL: IT CAN BE A TAXING MATTER: PUBLIC BODIES SHOULD LIVE UP TO THE STANDARDS EXPECTED IN THE CONDUCT OF LITIGATION

August 3, 2017 · by gexall · in Civil Procedure, Relief from sanctions

The decision of the Supreme Court in  BPP Holdings Ltd & Ors v Revenue and Customs [2017] UKSC 55 is interesting for a number of reasons. It is about the provision of textbooks (on law and accountancy presumably) to students….

PREVENTING DEFENDANT FROM DEFENDING DAMAGES IS AN APPROPRIATE MEANS OF ENFORCING PEREMPTORY ORDERS: COURT OF APPEAL DECISION

PREVENTING DEFENDANT FROM DEFENDING DAMAGES IS AN APPROPRIATE MEANS OF ENFORCING PEREMPTORY ORDERS: COURT OF APPEAL DECISION

February 27, 2017 · by gexall · in Appeals, Damages, Peremptory orders

 Workman -v- Forrester [2017] EWCA Civ 73 is an important example of the courts using peremptory orders in an attempt to secure compliance.  The Court of Appeal upheld a decision to make a peremptory order that allowed the claimants to…

MINISTRY OF DEFENCE REFUSED EXTENSION OF TIME TO COMPLY WITH PEREMPTORY ORDER: ORDERS ARE ORDERS

November 24, 2016 · by gexall · in Applications, Disclosure, Extensions of time, Relief from sanctions, Uncategorized

In Eaglesham -v- Ministry of Defence [2016] EWHC 3011 (QB) Mrs Justice Andrews DBE refused the defendant’s application for an extension of time for compliance with an unless order. The Defence was struck out. “A party who faces genuine difficulties…

FAILURE TO PROVIDE INFORMATION IN WITNESS STATEMENT LEADS TO APPLICATION BEING STRUCK OUT: HIGH COURT DECISION TODAY

September 13, 2016 · by gexall · in Applications, Peremptory orders, Striking out, Uncategorized, Witness statements

Chief Master Marsh has had a busy day. This is the second decision today I am writing about. In  Wave Lending Ltd -v- Batra and SFM Legal Services Ltd [2016] EWHC 2238 (Ch) he considered whether a witness statement complied…

PEREMPTORY ORDERS, EXTENSIONS OF TIME AND WITNESS CREDIBILITY

May 16, 2016 · by gexall · in Applications, Extensions of time, Peremptory orders, Relief from sanctions, Uncategorized

In Suez Fortune Investments Ltd -v- Talbot Underwriting Ltd [2016]  EWHC 1085 (Comm) Mr Justice Flaux considered an application to extend time or vary a peremptory order. “I consider that a claimant in contumelious breach of Court Orders whose claim…

WHEN A PARTY FAILS TO PAY INTERLOCUTORY COSTS: MAKE A PEREMPTORY ORDER

May 3, 2016 · by gexall · in Applications, Assessment of Costs, Costs, Peremptory orders, Uncategorized

In Peak Hotels -v- Tarek Investments Ltd [2016] EWHC 690 (Ch) Mrs Justice Asplin considered the appropriate approach when a party  has failed to pay an interlocutory costs order.  There is a succinct summary of the relevant case law. “If…

"IN TIME" APPLICATION TO EXTEND TIME FOR PEREMPTORY ORDER REFUSED: CLAIM STRUCK OUT

April 15, 2016 · by gexall · in Applications, Civil Procedure, Extensions of time, Peremptory orders, Relief from sanctions, Uncategorized

I am grateful to Charles Bagot of Hardwicke Chambers for bringing my attention to the decision in Kranniqi -v- Watford Timber Company Ltd (District Judge Parfitt 13/04/2016). It is a working example of (i)the dangers of failing to comply with…

REVISITING COMPLIANCE WITH A PEREMPTORY ORDER AFTER TRIAL: LIES ARE FOUND OUT AND ACTION DISMISSED

March 10, 2016 · by gexall · in Applications, Peremptory orders, Striking out, Uncategorized

I am grateful to Jeff Turton of Weightmans for sending me a copy of the transcript in the case of Anward -v- Severn Trent Water Ltd (13th July 2015).  Abid Anwar – Full Judgment It raises an interesting and important point…

MONEY JUDGMENT SHOULD NOT HAVE BEEN GIVEN AFTER BREACH OF PEREMPTORY ORDER

February 16, 2016 · by gexall · in Appeals, Applications, Default judgment,, Peremptory orders, Uncategorized

In Rubin -v- Parsons [2016] EWHC 237 (Ch) Mr Justice Peter Smith considered the effect of breach of peremptory order in a case where the applicants were claiming much more complex relief.  It shows that a much more calibrated approach…

COCKELL –v- HOLTON AND MISLEADING HEADLINES: IT WASN'T THE WRONG EMAIL ADDRESS THAT KILLED THE COUNTERCLAIM

May 1, 2015 · by gexall · in Civil evidence, Civil Procedure, Serving documents, Statements of Case

There are many reports in the legal press that deal with the relief from sanctions issue in Cockell -v- Holton (No 2) [2015] EWHC 1117 (TCC). Many of these concentrate upon the initial failure to lodge the pleading at court because…

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