MITCHELL IN THE CONTEXT OF A TAX APPEAL: HMRC HIT A STONE WALL.
As previous posts have shown the Mitchell criteria are being considered in wider contexts. In R&CC –v- McCarthy & Stone (Developments) Limited the Upper Tribunal (Finance and Tax) applied it to the government’s application to appeal a decision out of…
MITCHELL AND SANCTIONS IN THE CONTEXT OF JUDICIAL REVIEW: WAS IT WORTH THE CANDLE?
It is clear that the Mitchell principles are being applied widely. In The Queen on the Application of Royal Free London NHS Foundation Trust, Mr Justice Coulson considered the principles in the context of a late application in judicial review…
SURVIVING MITCHELL 9: AGREEMENTS TO EXTEND TIME AGAIN! LLOYD & ITS PRACTICAL CONSEQUENCES
There is now a lot of evidence of parties taking “opportunistic” points in relation to procedure. That is pointing to historic breaches, often months before a hearing/application, and arguing that these breaches mean that the case/defence should be struck out…
SURVIVAL AFTER MITCHELL: 30 POINT PLAN: WEBINAR AVAILABLE ON DEMAND
The CLT Webinar I did last week on 30 points of avoiding problems after Mitchell is now available on demand from CLT. Not only is this an economic way to get you training done it is a whole lot cheaper than…
MAKE SURE YOUR WITNESS STATEMENT PROVES YOUR CASE
The genesis of this article is a tweet earlier today where a solicitor reported that a claim for the cost of hire and storage had been struck out because the witness statement was deficient. “C entire hire, storage & recovery…
TWO NEW CASES WHERE RELIEF FROM SANCTIONS REFUSED: WEBB RESOLUTIONS AND LLOYD & SONS CONSIDERED IN DETAIL
There were two High Court cases on relief from sanctions considered today. Both were decisions of Mr Justice Turner Here we consider Webb Resolutions –v- E-Surv Limited [2014] EWHC 49 (QB)and M A Lloyd –v- PPC International Ltd [2014] EWHC…
TWO FURTHER DECISIONS REFUSING RELIEF FROM SANCTIONS: LINKS TO CASES
There are two further High Court decisions where relief from sanctions was refused. Webb Resolutions -v- E Surv [2014] EWHC 49 (QB) MA Lloyd & Sons -v- PPC International [2014] EWHC 41 (QB) These are links to the decisions. A full discussion…
HAVE YOU COMPLIED WITH AN ORDER FOR DISCLOSURE? THE APPROPRIATE TEST: AN OBJECT LESSON ON LITIGATION TACTICS IN A POST-MITCHELL WORLD
With relief from sanctions being notoriously hard to obtain the question of whether a party has complied with an order, particularly an unless order, is now of critical importance. In Dinsdale Moorland Services Ltd –v- Evans 2014] EWHC 2 (Ch)…
MITCHELL CONSIDERED BY THE COURT OF APPEAL FOR A THIRD TIME: ANOTHER TWIST IN THE THEVARAJAH TALE
In the case heard today of Thevarajah –v- Riordan [2014] EWCA Civ 15the Court of Appeal reiterated the rigorous nature of the Mitchell test. Here we look at that decision in detail and the trenchant observations made by the Court….
MITCHELL AND INDEMNITY INSURERS: A WORRYING TIME
One obvious concern about the Mitchell fallout is the position of Indemnity insurers. This is reflected in a piece by Hill Dickinson. The observations need to be noted. HILL DICKINSON’S POST There is a succinct summary of the decisions in…
DO YOU NEED TO APPLY FOR RELIEF FROM SANCTIONS OR AN EXTENSION OF TIME? ANOTHER KEY ISSUE PRACTITIONERS SHOULD BE CERTAIN ABOUT
There was an interesting debate on twitter on Friday evening about whether Mitchell was being cited too widely. It was reported that, in some cases district judges had rejected the argument that when parties were applying for extension of time…
SECOND ACTION STRUCK OUT AS AN ABUSE OF PROCESS: REPORT OF FIRST INSTANCE DECISION
Searches for “abuse of process and section action” formed more than half of the search terms that brought people to this blog earlier in the week. It is clear that this is going to be a major subject of litigation…
CIVIL PROCEDURE, COSTS & SANCTIONS: LINKS TO RECENT ARTICLES AND POST
Links to posts and articles on all aspects of civil procedure. Linking does not indicate approval or agreement but that all discussion on these issues is useful. RECENT POSTS AND ARTICLES 23rd June 2019 Herbert Smith Freehills Litigation Notes…
RELIEF FROM SANCTIONS AND SERVING NOTICE OF FUNDING: A TALE OF TWO CASES
Results of relief from sanctions applications are now being reported regularly. Here we look at two apparently contrasting applications in relation to relief from sanctions and the failure to give notice of funding. Both cases were reported today; both are…
FULL COPY OF TRANSCRIPT OF ALDINGTON -v- ELS
I am grateful to Gordon Wignall of No 5 Chambers for sending me a copy of the full transcript of Aldington -v- ELS where a claimant was granted relief from sanctions. (The transcript is upside down – click rotate clockwise…
POST MITCHELL MAYHEM 2: A CASE WHERE RELIEF FROM SANCTIONS WAS GRANTED
Litigation Futures carries a report of a High Court case where relief from sanctions was granted. The link is at http://www.litigationfutures.com/news/exclusive-high-court-grants-first-post-mitchell-relief-sanctions Details will be added to the Mitchell Case Watch later today…. Enjoying this post? Become a Civil Litigation Brief member…
I NEVER LIKED THAT ORDER ANYWAY – CAN I SET IT ASIDE NOW? CONSIDERATION OF THE TIBBLES CRITERIA IN APPLICATIONS FOR RELIEF FROM SANCTIONS”.
In the Mitchell case the claimant made an attempt to challenge and set aside one of the orders made by the Master which had been breaches. The Court gave clear guidance as to the steps to be taken if a…
DECISION OF THE COUNTY COURT FOLOWING MITCHELL: ROMANO –v-K PAPERS (BLACKBURN) LTD
The courts now have a clear basis upon which to consider applications for reinstatement following the decision in Mitchell. The case of Romano –v- K Papers (Blackburn) Ltd an appeal heard at Manchester County Court today (29th November 2013) provides…
INTERESTING FIRST INSTANCE DECISION ON STRIKING OUT SPECIAL DAMAGES BECAUSE OF DILATORY CONDUCT BY THE CLAIMANT
The 9sjs website has an interesting report of a decision in the Bow County Court where the judge struck out a claim for £220,000 on the grounds that the claimant had not complied with directions. See the report at http://www.9sjs.com/assets/Uploads/ozbay.pdf It…
MITCHELL -v- NEWS GROUP NEWSPAPERS: OUTLINE OF DEFENDANT'S SUBMISSIONS
These notes come with same caveat as the Claimant’s notes in the previous post. They are from handwritten notes taken in court today. They do not purport to be a transcript. All that can be done is to give a…
MITCHELL -v- NEWS GROUP NEWSPAPERS: OUTLINE OF CLAIMANT'S SUBMISSIONS
There appeal in the Mitchell case was heard in the Court of Appeal case earlier today. Judgment was reserved. I have a note of the arguments on behalf of the Claimant/Appellant. The Defendant’s arguments will be posted later. I…
RELIEF FROM SANCTIONS AND CPR 3.9: TWO CASES WHERE RELIEF FROM SANCTIONS WAS GRANTED
The issues caused by the new CPR 3.9 have featured many times on this blog. Here we look at two High Court decisions where relief from sanctions was granted. Kesabo –v- African Barrick Gold Plc and (because the full transcript…
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