QRS v Beach and another – WLR Daily

Posted December 19th, 2014 in civil procedure rules, default judgments, injunctions, law reports by sally

QRS v Beach and another [2014] EWHC 4189 (QB); [2014] WLR (D) 542

‘In the context of CPR Pts 12 and 13 the term “judgment” was to be read as including any order made by the court when it entered default judgment.’

WLR Daily, 11th December 2014

Source: www.iclr.co.uk

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Extensions of Time to File Notices of Appeal and Relief from Sanctions: R (on the application of DINJAN HYSAJ) v Secretary of State for The Home Department: Fathollahipour v Aliabadibenisi: May v Robsinson – Zenith PI Blog

‘CPR r.3.9 rears its growling head again…but a more robust approach, nevertheless, should not be taken as encouragement to refuse reasonable extensions of time or to seek tactical advantage in every minor default.’

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Zenith PI Blog, 17th December 2014

Source: www.zenithpi.wordpress.com

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Failure to file LQ – Relief from sanctions refused – Zenith PI Blog

Posted December 16th, 2014 in appeals, case management, civil procedure rules, documents, news, sanctions by tracey

‘British Gas Trading Ltd v Oak Cash & Carry Ltd [2014] EWHC 4058 (QB) 5th December 2014. Relief from sanctions refused where a failure to file the LQ in breach of an unless order led to the loss of the trial date. Although the Defendant applied for relief from sanctions, there was no for the default judgment to be set aside, and no evidence in support of such an application. In these circumstances, the court should not treat the application as though it had been made.’

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Zenith PI Blog, 15th December 2014

Source: www.zenithpi.wordpress.com

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Mitchell and Denton have “direct bearing” on strike-outs for non-compliance – Litigation Futures

Posted December 16th, 2014 in civil procedure rules, news, sanctions, striking out by tracey

‘The Mitchell principles, restated in Denton, have a “direct bearing” on whether courts should impose strike-outs for non-compliance, the Court of Appeal has ruled.’

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Litigation Futures, 16th December 2014

Source: www.litigationfutures.com

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High Court judge overturns “overly generous interpretation” of relief from sanctions rules – OUT-LAW.com

Posted December 15th, 2014 in appeals, civil procedure rules, delay, disciplinary procedures, interpretation, news by tracey

‘Parties to civil litigation cases have been issued with an important reminder of the need to manage their cases effectively after the High Court overturned an “overly generous interpretation” of the rules governing when relief from sanctions can be granted.’

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OUT-LAW.com, 15th December 2014

Source: www.out-law.com

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High Court judge bemoans “appalling” level of costs in insurance dispute – Litigation Futures

Posted December 12th, 2014 in civil procedure rules, costs, news, part 36 offers by sally

‘A case in which £7m in legal costs were racked up over a dispute worth £904,000 is “an appalling state of affairs which brings no credit to modern commercial litigation”, a High Court judge declared yesterday.’

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Litigation Futures, 12th December 2014

Source: www.litigationfutures.com

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Venn v Secretary of State for Communities and Local Government and others – WLR Daily

Posted December 4th, 2014 in appeals, civil procedure rules, costs, news, treaties by sally

Venn v Secretary of State for Communities and Local Government and others [2014] EWCA Civ 1539; [2014] WLR (D) 513

‘Where a case fell within article 9(3) of the Aarhus Convention but was not a claim for judicial review and therefore not an “Aarhus Convention claim” within CPR r 45.41 it would be inappropriate for the court to relax the usual principles applying to the making of protective costs orders by nevertheless applying the costs protection regime introduced by rule 45.41.’

WLR Daily, 27th November 2014

Source: www.iclr.co.uk

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Supreme Court agrees to hear case on breach of unless order – Litigation Futures

‘The Supreme Court is to consider the consequences of failing to comply with an unless order for a second time, it has emerged.’

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Litigation Futures, 28th November 2014

Source: www.litigationfutures.com

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Relief From Sanctions – Part 2 – Applying in Time – Zenith PI Blog

Posted November 25th, 2014 in civil procedure rules, limitations, news, sanctions, time limits by sally

‘Mitchell [2014] 1 WLR 795 and Denton [2014] 1 WLR 3926 dealt with the situation of an application out of time, that is to say when the time had expired for performance of a step dictated by a rule or by practice direction or a court order had expired. But the further question arises, To what extent do the principles laid down there apply in the situation where one applies in time, that is to say before the expiry date? That is of great importance, because, if one is handling a case properly, it should become obvious, at least some days if not weeks in advance, that a particular time limit is not going to be able to be achieved. This may be for a variety of reasons, sometimes because of illness or – tell it not in Gath! – the delays of counsel. This matter was considered in depth fairly recently in Re Guidezone Ltd, Kaneria-v-Kaneria [2014] 1 WLR 3728, by Nugee J. In a full and careful judgment, the judge considered what was the position when an in-time application was made under CPR r.3.1(2)(a) for extension of time. He held that such an application was not an application for relief from sanctions, nor was it closely analogous to one. Therefore, Mitchell did not apply to it.’

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Zenith PI Blog, 25th November 2014

Source: www.zenithpi.wordpress.com

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QOCS “does not apply” to appeals in PI cases started pre-LASPO – Litigation Futures

Posted November 24th, 2014 in appeals, civil procedure rules, costs, news, personal injuries by sally

‘Qualified one-way costs shifting (QOCS) does not apply on appeal if it did not apply at first instance, Master Haworth has ruled in the Senior Court Costs Office.’

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Litigation Futures, 24th November 2014

Source: www.litigationfutures.com

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Frontier Estates -v- Berwin Leighton Paisner: in time application for extension of time refused – Zenith PI Blog

Posted November 21st, 2014 in civil procedure rules, limitations, news, time limits by tracey

‘Parties are advised to make applications in advance of the expiry of time limits in order to avoid a breach and have the courts look more favourably on their applications. It must be remembered however that an application made in time is not necessarily bound to succeed.’

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Zenith PI Blog, 21st November 2014

Source: www.zenithpi.wordpress.com

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Family pressure group “had no business” in applying for habeas corpus on behalf of mother – UK Human Rights Blog

‘An application for habeas corpus by a pressure group was completely “hopeless” and “entirely misconceived”. The appellant’s challenge to the decision of the judge below was equally devoid of merit. Third party applications are only appropriate where the prisoner is incommunicado or where the impediment preventing the prisoner from acting is ignorance or disability. It was entirely inappropriate in these circumstances, where the prisoner had been represented by counsel throughout the proceedings which resulted in her imprisonment, or where her detention had already ended before the application for habeas corpus was made.’

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UK Human Rights Blog, 18th November 2014

Source: www.ukhumanrightsblog.com

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Civil procedure: conduct and costs – Law Society’s Gazette

Posted November 18th, 2014 in arbitration, civil procedure rules, costs, news by sally

‘When the court comes to consider costs and to exercise its discretion under Civil Procedure Rule 44.2, it has regard to all the circumstances, including the conduct of the parties before as well as during the proceedings (CPR 44.2 (4) and (5)).’

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Law Society’s Gazette, 17th November 2014

Source: www.lawgazette.co.uk

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Relief From Sanctions – Mitchell & Denton in an Employment Tribunal Context – Littleton Chambers

Posted November 18th, 2014 in civil procedure rules, employment tribunals, news, sanctions by sally

‘I will look briefly at two points:
1. The re-consideration of the Mitchell approach in Denton shows a change in the judicial approach and may well be seen as helpful to EJs considering similar problems. Indeed, consistent with earlier CA authority, it may be that EJs will be expected to follow the same three stage approach as found in Denton.
2. The underlying reasoning of the CA in Denton may provide guidance on the approach to be taken towards a wider range of case management issues.’

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Littleton Chambers, 27th October 2014

Source: www.littletonchambers.com

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JR looms as MoJ admits: new whiplash rules “could lead to misunderstanding” – Litigation Futures

‘The Ministry of Justice (MoJ) has admitted that the new rules for whiplash claims, introduced on 1 October this year, “could in practice lead to some misunderstanding” and may have to be amended.’

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Litigation Futures, 14th November 2014

Source: www.litigationfutures.com

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Permission to file a respondent’s notice out of time not prevented by Mitchell – The Barristers’ Hub

Posted November 4th, 2014 in appeals, civil procedure rules, news, sanctions, time limits by sally

‘The recent decision in the case of Altomart Limited v Salford Estates (No. 2) Limited [2014] EWCA Civ 1408 gave the Court of Appeal a further opportunity to revisit the issues raised in Mitchell v News Group Newspapers Ltd. It provided further indication of how the court is now more willing to grant relief from sanction where such refusal would lead to a potential injustice in the face of little prejudice being caused by the breach.’

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The Barristers’ Hub, 31st October 2014

Source: www.barristershub.co.uk

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Altomart Ltd v Salford Estates (No 2) Ltd – WLR Daily

Posted October 31st, 2014 in case management, civil procedure rules, law reports, service, time limits by sally

Altomart Ltd v Salford Estates (No 2) Ltd [2014] EWCA Civ 1408; [2014] WLR (D) 451

‘An application under CPR r 3.1(2)(a) for an extension of time in which to file a respondent’s notice was by analogy subject to the robust approach to compliance with rules set down by the Court of Appeal in relation to applications for relief from sanction under CPR r 3.9.’

WLR Daily, 29th October 2014

Source: www.iclr.co.uk

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Service by the courts – Law Society’s Gazette

‘A recent case provides clarification and guidance on the issue of service by the courts in contravention of the claimant’s instructions.’

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Law Society’s Gazette, 27th October 2014

Source: www.lawgazette.co.uk

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Relief From Sanctions – Watch it! – Zenith PI Blog

Posted October 23rd, 2014 in civil procedure rules, news, sanctions, time limits by sally

‘After the turbulence of the past year, provoked primarily by the Mitchell case [2014] 1WLR 795, we all surely know about relief from sanctions – but do we?’

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Zenith PI Blog, 22nd October 2014

Source: www.zenithpi.wordpress.com

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Companies should not wait to apply to set aside default judgments, says expert, after court makes clear ‘Mitchell’ principles apply – OUT-LAW.com

Posted October 23rd, 2014 in appeals, civil procedure rules, default judgments, delay, news, setting aside by sally

‘Companies hoping to have a default judgment against them set aside must be sure to act quickly, an expert has said, after a recent court decision confirmed what courts must consider when considering an application.’

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OUT-LAW.com, 22nd October 2014

Source: www.out-law.com

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