COURT GRANTS RELIEF FROM SANCTIONS: “IT IS UNFAIR… TO BE CRITICAL OF A PARTY FOR FAILING TO MEET A DEADLINE THAT WAS ALREADY UNLIKELY TO BE ANYWAY, WHATEVER STEPS HAD BEEN TAKEN TO COMPLY WITH IT”
For the second time today I am reporting on a successful application for relief from sanctions. In Melars Group Ltd v East-West Logistics LLP [2021] EWHC 874 (Ch) Mr Justice Adam Johnson granted an appellant relief from sanctions following a…
THE DANGERS OF LEAVING SERVICE OF EVIDENCE UNTIL THE LAST MINUTE: DEFENDANT MISCALCULATED TIME WITNESS STATEMENTS DUE – REQUIRED RELIEF FROM SANCTIONS
In Soriano v Forensic News LLC & Ors [2021] EWHC 873 (QB) Mr Justice Johnson granted relief from sanctions to a defendant who served witness evidence late. However the defendant’s failures were serious and significant and the defendant had no…
HIGH COURT GRANTS RELIEF FROM SANCTIONS FOLLOWING BREACH OF PEREMPTORY ORDER: IMPACT OF COVID CONSIDERED
In Finvest Holdings Sarl -v- Lovering [2021] 3WLUK 579 HHJ Pelling (sitting as a High Court Judge) granted a claimant relief from sanctions when the claimant failed to comply with a peremptory order. There is a detailed discussion of the…
DEFENDANT REQUIRES RELIEF FROM SANCTIONS WHEN THERE WAS £92 MILLION AT STAKE: DENTON CONSIDERED AND APPLIED
When I wrote earlier about the decision in Various Claimants v G4S Plc [2021] EWHC 524 (Ch) I noted that it required more than one post. Here we look at the judge’s decision in relation to relief from sanctions. Relief was…
SETTING ASIDE A DEFAULT JUDGMENT: DELAY, FAILING TO KNOW THE CORRECT PROCEDURE AND ABSENCE OF MERITS: LORD CHANCELLOR WINS THE DAY…
The judgment of Master Thornett in The Lord Chancellor (as Successor to the Legal Services Comission) v Halberstadt-Twum (t/a Cleveland Solicitors) & Anor [2021] EWHC 413 contains some object lessons for anyone involved in an application to set aside default…
“DENTON PROOFING” YOUR PERSONAL INJURY PRACTICE – KNOWING WHERE THINGS GO WRONG AND PUTTING THEM RIGHT: WEBINAR 11th MARCH 2021
This blog has reported numerous cases where practitioners have fallen foul of the civil procedure rules. On the 11th March I am giving a webinar aimed at helping to avoid problems and also dealing with the steps that should be…
JUDGE REFUSES PERMISSION TO A DEFENDANT TO RELY ON A WITNESS STATEMENT SERVED LATE: THE APPLICATION DID NOT FLY…
In Manchester Airport PLC & Anor v Radisson Hotel Manchester Ltd & Anor [2020] EWHC 3739 (Ch) HHJ Halliwell refused a defendant’s application to serve witness evidence late. “There cannot be any reasonable justification for adjourning the trial to give the…
SERVICE OF DEFENCE BY EMAIL NOT GOOD SERVICE: RELIEF FROM SANCTIONS REQUIRED TO SET ASIDE JUDGMENT (AND GRANTED)
The judgment of Mr Justice Calver in Ipsum Capital Ltd v Lyall & Ors [2020] EWHC 3508 (Comm) shows the dangers of serving documents by email. The judge held that service of a defence by email was not good service…
COSTS LAWYERS BEWARE: COURT REFUSES TO SET ASIDE DEFAULT COSTS CERTIFICATE: “AVOIDABLE DELAY” IS NOT LOOKED AT KINDLY
In Masten v London Britannia Hotel Ltd [2020] EWHC B31 (Costs) Mr Leonard refused to set aside a default costs certificate. This serves as a salutary warning of the importance of time limits. Further the Master observed that if a…
A SERIES OF WEBINARS ON “STAYING SAFE” IN PERSONAL INJURY PRACTICE: BRIGHTEN UP YOUR NEW YEAR
To help 2021 run smoothly for litigators I am presenting a series of webinars in February and March on the theme of “staying safe” in the running of personal injury cases. The webinars look at key areas of practice and…
IT’S NOT YOUR OPPONENT’S JOB TO POINT OUT OMISSIONS IN YOUR OWN EVIDENCE: A CLOSER LOOK AT ONE ASPECT OF PJSC TATNEFT
One particular aspect of the judgment in PJSC Tatneft v Bogolyubov & Ors [2020] EWHC 3250 (Comm) that warrants closer investigation. That is the claimant’s argument that it did not have notice that the defendants were going to invite the court…
CLAIMANT REFUSED PERMISSION TO RELY ON NEW WITNESS STATEMENT SERVED PART-WAY THROUGH A TRIAL: LATE WITNESSES COULD NOT BE ALLOWED TO PLUG GAPS
In PJSC Tatneft v Bogolyubov & Ors [2020] EWHC 3250 (Comm) Mrs Justice Moulder refused the claimant’s application for permission to rely on new evidence which was served in the middle of a trial. Not only is this a consideration…
IF YOU WANT RELIEF FROM SANCTIONS – PUT THE DEFAULT RIGHT AT ONCE, AND CERTAINLY WELL BEFORE ANY APPLICATION FOR RELIEF: DEFENDANT FAILS ON APPEAL WHEN WITNESS EVIDENCE SERVED LATE
In the many posts I have written about seeking relief from sanctions one matter that has been stressed is the overwhelming importance of rectifying the breach immediately. The dangers of not doing so are exemplified in the judgment of Mr…
RELIEF FROM SANCTIONS GRANTED WHEN NOTICE TO RELY ON HEARSAY EVIDENCE NOT SERVED AHEAD OF TRIAL
In ST (A Minor) & Anor v L Primary School (Rev 2) [2020] EWHC 1046 (QB) Deputy Master Hill QC granted relief from sanctions where the claimant failed to serve a notice of intention to rely on hearsay evidence prior…
COURT REFUSES PARTY PERMISSION TO RELY ON WITNESS STATEMENT SERVED LATE
In RGB Plastering Ltd v TAWE Drylining and Plastering Ltd [2020] EWHC 3028 (TCC) HHJ Jarman QC (sitting as a judge of the High Court) refused the defendant permission to rely on a witness statement that was served late. “Ms…
FUNDAMENTAL DISHONESTY, APPEALS AND RELIEF FROM SANCTIONS: CLAIMANT’S PROPOSED APPEAL COMES TO GRIEF
The judgment of Mr Justice Lavender in Kamara v Builder Depot Ltd [2020] EWHC 3046 (QB) contains a catalogue of material in relation to procedural issues and appeals. However, here, I want to concentrate upon the issues relating to fundamental…
WORKING FROM HOME IN A LONELY WINTER (5):LITIGATION DEADLINES – AVOIDING THE PAIN BY SHARING THE PAIN
The fact that we are in lockdown does not make litigation deadlines go away. Litigation may be more problematic, however there is now nothing in the rules that recognises the difficulties that litigators face. One way of dealing with this…
APPLYING FOR RELIEF FROM SANCTIONS: TWO CLASSIC MISTAKES AND A REMINDER OF 10 KEY POINTS
The judgment in Diriye v Bojaj & Anor [2020] EWCA Civ 1400 shows, at least, two classic mistakes that people make when applying for relief from sanctions: not making the application promptly and not remedying the default properly (in fact…
APPLICATION TO ADDUCE NEW PHOTOGRAPHS AFTER FINAL SUBMISSIONS REFUSED: DENTON PRINCIPLES APPLIED
In Mullane v Davies [2020] EW Misc 25 (CC) HHJ Jarman QC refused an application by a party to admit new photographs after closing submissions. The Denton principles applied and militated against granting relief from sanctions. “Such noncompliance is serious,…
“THE DOG ATE MY HOMEWORK” EXCUSE DOESN’T WORK WELL IN COURT: THE JUDGE MAY HAVE BEEN WRONG ABOUT THE WAY “SIGNED FOR 1ST CLASS” OPERATED BUT THEY WERE RIGHT TO REFUSE RELIEF FROM SANCTIONS: COURT OF APPEAL DECIION
In Diriye v Bojaj & Anor [2020] EWCA Civ 1400 the Court of Appeal held that the judges who heard a relief from sanctions hearing below were in error about the way that “Signed for 1st class” post operated, however…