COURT OF APPEAL ALLOWS APPEAL AGAINST STRIKING OUT: THE APPELLANTS HAD NEVER BREACHED A PEREMPTORY ORDER: HOW “UNLESS ORDERS” SHOULD BE CONSTRUED
For the second time this month we are looking at a successful appeal against the construction of an “unless” order. In both cases the judges below had found that the appellants had breached the order. In both cases that finding…
ANOTHER ISSUE ABOUT UNLESS ORDERS: CAN A COURT MAKE AN ORDER SPECIFYING A SUM FOR DAMAGES IF THE DEFENDANT DOES NOT COMPLY?
There have been a number of cases about unless orders recently. This one looks at the issue of whether the court can make an order and state that, if there is default, the claimant can enter judgment for a specific…
THE COURT REFUSES TO SET ASIDE A PEREMPTORY ORDER IN A SOLICITOR – CLIENT ACTION: LOTS TO LEARN HERE IN TERMS OF BOTH COSTS AND PROCEDURE
Here we are looking at a case that bristles with issues both in relation to solicitor and own client costs, but also in relation to civil procedure and compliance with court orders. It serves as a reminder that a client…
CONSTRUING PEREMPTORY ORDERS: THE DATE FOR COMPLIANCE IS THE DATE FOR COMPLIANCE: COURT OF APPEAL DECISION
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
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…
FAILURE TO PAY INTERLOCUTORY COSTS LEADS TO PEREMPTORY ORDER BEING MADE: PAY UP OR BE STRUCK OUT
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…
FAILURE TO COMPLETE PRE-TRIAL REVIEW QUESTIONNAIRE FULLY LEADS TO DEFENCE AND COUNTERCLAIM BEING STRUCK OUT
In Waterman Transport Ltd -v- Torchwood Properties Ltd [2015] EWHC 1446 (TCC) Mr Justice Akenhead entered judgment for a claimant and struck out a counterclaim after the defendant failed to file a completed pre-trial review questionnaire properly. THE CASE The…
You must be logged in to post a comment.