ANOTHER SERVICE OF THE CLAIM FORM CASE: THE COURT WILL NOT “REWRITE HISTORY”: SERVICE HAS TO TAKE PLACE ACCORDING TO THE RULES: EVEN AGAINST “PERSONS UNKNOWN”
The judgment of Mr Justice Nicklin in London Borough of Ealing v Persons Unknown [2021] EWHC 2132 (QB) serves as a stark reminder that there is a duty to comply with the rules relating to service of the claim form,…
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…
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…
GOING FOR A SONG: THE DANGERS OF DOING NOTHING WHEN PART 18 QUESTIONS ARE SERVED, AND ARGUING “NOT” ENTITLED WHEN A COURT ORDER HAS BEEN MADE:
The judgment of Master Kay in Sheeran & Ors v Chokri & Ors [2020] EWHC 2806 (Ch) provides an important reminder that a Part 18 request cannot simply be ignored. Further once a court makes an order that a party…
SERVE WITNESS STATEMENTS LATE AT YOUR PERIL: RELIEF FROM SANCTIONS NECESSARY AND LATE SERVICE IS NEARLY ALWAYS A SERIOUS BREACH
There are many interesting aspects of the judgment of HHJ Mithani QC in Patel & Anor v Barlows Solicitors (a firm) & Ors [2020] EWHC 2753 (Ch). Here I want to look at the part of the judgment that considers…
CLAIMANT GIVEN RELIEF FROM SANCTIONS FOLLOWING BREACH OF PEREMPTORY ORDER (WITH NO FORMAL APPLICATION BEING MADE).
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…
TRIAL JUDGE WAS RIGHT TO REFUSE CLAIMANT’S APPLICATION TO ADDUCE LATE WITNESS STATEMENT
In Bromford Housing Association Ltd v Nightingale [2020] EWHC 2648 Mr Justice Cavangh upheld a decision not to allow a claimant in possession proceedings to adduce evidence late. In a “rolled up” hearing he dismissed the claimant’s application for permission…
THE DIFFICULTY IN APPEALING A DENTON TYPE DECISION
The second issue in judgment of HHJ Matthews (sitting as a High Court judge) in Wolf Rock (Cornwall) Ltd v Langhelle [2020] EWHC 2500 (Ch) was whether the appellant was able to appeal the District Judge’s refusal to grant relief…
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…
SETTING ASIDE A REGULAR JUDGMENT: TWO HURDLES FOR THE APPLICANT TO CLEAR – AND EVEN THEN THERE CAN BE CONDITIONS
The judgment of Master Kaye in Penta Ultimate Holdings Ltd & Anor v Storrier [2020] EWHC 2400 (Ch) is a reminder that a party attempting to set aside a regular judgment has two hurdles to clear: the test set out…
RELIEF FROM SANCTIONS WOULD HAVE BEEN GRANTED (IF IT WAS NECESSARY) WHERE BREACH OF A PEREMPTORY ORDER WAS NOT SERIOUS OR SIGNIFICANT
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…
COURT TAKES UNUSUAL “GRADATED” APPROACH AND DEFERS APPLICATION FOR RELIEF FROM SANCTIONS FOR LATE SERVICE OF WITNESS STATEMENTS – & IT COULD COST THEM $58 MILLION (I SUPPOSE THAT EVERY LITTLE HELPS…)
In Manning & Napier Fund, Inc & Anor v Tesco Plc [2020] EWHC 2106 (Ch) Mr Justice Hildyard took the unusual step of deferring the claimants’ application for relief from sanctions in serving witness statements late. “Much or all of…
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…
CLAIM STRUCK OUT, RELIEF FROM SANCTIONS REFUSED, COUNTERCLAIM CONTINUES: CLAIMANT HITS A BRICK WALL
In Edmunds v Newell & Anor [2020] EW Misc 7 (CC) HHJ Jarman QC refused a claimant’s application for relief from sanctions. The claim was struck out but the counterclaim continued. THE CASE The claimant claimed £110,599.99 plus interest…
RELIEF FROM SANCTIONS GRANTED FOLLOWING FAILURES ON DISCLOSURE: THE DEPP TRIAL IS BACK AFLOAT
Last week I wrote on the latest episode of the Depp case. Mr Justice Nicol held that there had been a failure to comply with a peremptory order on disclosure and the Mr Depp’s case stood struck out. Today it…
DEPP, DISCLOSURE, TEXT & TESTS: CASE STRUCK OUT BECAUSE OF FAILURE TO COMPLY WITH PEREMPTORY ORDER : CLAIMANT’S CASE NOW ALL AT SEA
In Depp v News Group Newspapers Ltd & Anor [2020] EWHC 1689 (QB) Mr Justice Nicol held that the claimant’s case stood struck out because of a failure to give disclosure. There are important observations about the scope of disclosure….
JUDGMENT SET ASIDE BECAUSE OF LOCKDOWN (2): WHO PAID THE COSTS? SOME IMPORTANT LESSONS HERE
A post earlier today dealt with the case of Stanley v London Borough of Tower Hamlets [2020] EWHC 1622 (QB) where a regular judgment was set aside because proceedings had been served, essentially, on empty offices. What will be of…
THE SEVEN YEAR ITCH: CIVIL LITIGATION BRIEFS’ 7th (OR 29th?) BIRTHDAY: FACTS, FIGURES AND HOW IT ALL BEGAN
This week sees the seventh anniversary of Civil Litigation Brief as a blog. That, it appears, is relatively young as a blog, the housing law blog Nearly Legal recently celebrated its 14th anniversary and is well into its truculent teenage…
THE “BACK TO BASICS” SERIES 80: THE POSTS SO FAR
The “back to basics” series has been going since April 2018. It has covered a surprising amount of topics. From how to draft an application to “litigation wishful thinking”. Two years on this is a good time to recap on…
LATE WITNESS STATEMENT: RELIEF FROM SANCTIONS NOT GRANTED: A WARNING AGAINST COMPLACENCY
Anyone who has had the pleasure of hearing Professor Dominic Regan lecture will know that he gives a constant warning that the Denton principles have not gone away. In relation to the late service of budgets in particular, but in…
WHEN A DEFENDANT FILED A COSTS BUDGET LATE: RELIEF FROM SANCTIONS REFUSED: “THE DEFAULTING PARTY HAS ONLY ITSELF OR ITS LEGAL REPRESENTATIVE TO BLAME”
The judgment of HHJ Simon Barker QC in Heathfield International LLC v Axiom Stone (London) Ltd [2020] EWHC 1075 (Ch) is another example of a party coming to grief because of the failure to file a costs budget timeously. That…
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