CLAIMANT FAILS TO SERVE CLAIM FORM PROPERLY IN £10 MILLION CASE: A PARTY “COURTING DISASTER” HAD BROUGHT THIS SITUATION ON THEMSELVES.
We see a classic mistake as to service of the claim form in the judgment of Mr Justice Fraser in LSREF 3 Tiger Falkirk Ltd I S.a.r.l & Anor v Paragon Building Consultancy Ltd [2021] EWHC 2063 (TCC). The claimant…
DENTON, APPLICATIONS, THE COURT OF APPEAL AND THE ADMINISTRATIVE COURT: WHEN THE COURT TELLS YOU THAT SPECIFIC APPLICATIONS ARE NEEDED IT IS A GOOD IDEA TO MAKE THEM
In Mahmud, R (On the Application Of) v Upper Tribunal (Immigration and Asylum Chamber) [2021] EWCA Civ 1004 the Court of Appeal sent out a reminder that the need to comply with the Civil Procedure Rules extends to the Administrative…
COURT REFUSES PERMISSION TO ADDUCE NEW EVIDENCE AFTER DRAFT JUDGMENT WAS CIRCULATED
In Karunia Holdings Ltd v Creativityetc Ltd [2021] EWHC 1864 (Ch) HHJ Halliwell considered, and refused, a claimant’s application to adduce new evidence after a draft judgment had been handed down in an application for summary judgment. ” The…
CASE STRUCK OUT BECAUSE OF FAILURE TO SERVE PARTICULARS OF CLAIM IN TIME: SECOND REMINDER TODAY THAT LITIGATION CAN SOMETIMES BE HARSH AND BRUTAL
In M/S Unique Part Trading LLC & Anor v Regal Lodge Road Ltd [2020] EWHC 3871 (Ch) Mr Justice Miles upheld an order striking out an action because the Particulars of Claim were served late. It is a reminder of…
COURT REFUSED PERMISSION TO SERVE RESPONDENT’S NOTICE LATE: DENTON PRINCIPLES APPLIED
There is a separate aspect of the decision of Mr Justice Lavender in SGI Legal LLP v Karatysz [2021] EWHC 1608 (QB) that warrants attention, the judge’s refusal to extend time for service of a respondent’s notice. “The purpose of a…
PARTY ALLOWED TO RELY ON WITNESS SUMMARIES: RELIEF FROM SANCTIONS GRANTED WHEN PERMISSION SOUGHT RETROSPECTIVELY
In Benyatov v Credit Suisse Securities (Europe) Ltd [2021] EWHC 1318 (QB) Mr Justice Freedman gave the claimant permission to rely on witness summaries. He also granted the claimant relief from sanctions in relation to late service of those summaries. …
DEFAULT JUDGMENT FOR SOLICITORS’ COSTS: COURT REFUSES TO SET ASIDE JUDGMENT: DEFENDANT FAILS ON BOTH THE DENTON CRITERIA AND THE MERITS
In Carpmaels & Ransford Llp & Anor v Regen Lab SA [2021] EWHC 845 (Comm) Mr Justice Waksman refused the defendant’s application to have judgment in default set aside. The claimants were solicitors bringing proceedings for their costs. The judge…
DEFAULT COSTS CERTIFICATE NOT SET ASIDE: SERVICE BY EMAIL WAS WRONG, BUT RECTIFIABLE: RELIEF FROM SANCTIONS REFUSED
Cases on Default Costs Certificates appear to be like London Buses – they come along in twos. Here we have the second case in two days. In Serbian Orthodox Church – Serbian Patriarchy v Kesar & Co [2021] EWHC 1205…
DEFENDANTS FAIL TO HAVE DEFAULT COSTS CERTIFICATE OF US$3 MILLION SET ASIDE: DRAFT POINTS OF DISPUTE NOT AVAILABLE AT THE APPLICATION
In National Bank of Kazakhstan & Anor v The Bank of New York Mellon SA/NV, London Branch & Ors [2021] EWHC B7 (Costs) Costs Judge Rowley refused an application by the defendants to set aside a default costs certificate. This…
COSTS OUTSIDE THE COSTS BUDGET WHEN A PARTY IS LIMITED TO COURT FEES: STRIKING OUT, RELIEF FROM SANCTIONS, ADMINSTRATIVE ERRORS BY THE COURT, ABORTIVE COURT HEARINGS: ALL PROCEDURAL LIFE IS HERE…
The decision of Mr Justice Marcus Smith in Pasricha v Pasricha [2021] EWHC 1017 (Ch) contains a consideration of the circumstances in which a court can order costs to be paid to a party when their budget has been limited…
ANOTHER ACTIONS FAILS BECAUSE OF LATE SERVICE OF THE CLAIM FORM: NEITHER CPR 3.9 OR 3.10 CAN DIG THE CLAIMANT OUT OF THIS HOLE
Small fortunes could be made by betting that there will be a regular supply of cases on late service of the claim form on this blog (although you would get poor odds). “Dicing with procedural death” appears to be regular…
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…