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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Tchenguiz v Director of the Serious Fraud Office and others – WLR DAily

Posted October 17th, 2014 in appeals, civil procedure rules, fraud, law reports, practice directions by tracey

Tchenguiz v Director of the Serious Fraud Office and others: [2014] EWCA Civ 1333; [2014] WLR (D) 427

‘It was very difficult for the Court of Appeal to deal with the dispatch of its business if it was faced with excessively lengthy skeleton arguments. What was required was a careful and concise summary of the points that were intended to be addressed.’

WLR Daily, 13th October 2014

Source: www.iclr.co.uk

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Relief from Sanctions in the Employment Tribunal – Six Pump Court

Posted October 8th, 2014 in civil procedure rules, employment tribunals, news by sally

‘This article explores the relevance of the Civil Procedure Rules (“CPR”) rules pertaining to relief from sanctions to Employment Tribunal proceedings.’

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Six Pump Court, 6th October 2014

Source: www.6pumpcourt.co.uk

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Part 36: All change please – Hardwicke Chambers

Posted September 24th, 2014 in appeals, civil procedure rules, costs, indemnities, news by sally

‘Just when you thought you had got to grips with the updated Part 36 rules and post Jackson benefits, the Civil Procedure Rule Committee announced it was considering reforms to Part 36.’

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Hardwicke Chambers, 15th September 2014

Source: www.hardwicke.co.uk

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Changes to Practice Direction 21 – Material to be Served and Filed in Relation to Child/Protected Party Settlement Claims – Zenith PI Blog

Posted September 23rd, 2014 in children, civil procedure rules, news, practice directions, service by sally

‘With the 75th Update to the Civil Procedure Rules (coming into force 1 October 2014), amendments to Practice Direction 21 (Children and Protected Parties) address the inconsistencies between the rules and practice direction in respect of the material that must be served and filed in relation to child/protected party settlement claims.’

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Zenith PI Blog, 23rd September 2014

Source: www.zenithpi.wordpress.com

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Fern Computer Consultancy Ltd v Intergraph Cadworx & Analysis Solutions Inc – WLR Daily

Fern Computer Consultancy Ltd v Intergraph Cadworx & Analysis Solutions Inc [2014] EWHC 2908 (Ch); [2014] WLR (D) 400

‘A claim brought under regulation 17 of the Commercial Agents (Council Directive) Regulations 1993 for compensation on determination of an agency agreement was not in respect of a contract or a breach of contract. Accordingly, the jurisdictional gateways for service out of the jurisdiction in paragraph 3.1(6) and (7) of Practice Direction 6B supplementing CPR Pt 6 did not apply.’

WLR Daily, 29th August 2014

Source: www.iclr.co.uk

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Jackson slaps down bid to introduce one-way costs-shifting in certain appeals – Litigation Futures

Posted September 16th, 2014 in appeals, civil procedure rules, costs, news by tracey

‘The Jackson reforms were not intended to give appeal courts the ad hoc power to introduce one-way costs shifting, their architect has ruled. Lord Justice Jackson said he wanted to clarify the purpose of rule 52.9A – introduced on 1 April 2013 – so as to prevent further applications along the same lines.’

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Litigation Futures, 16th September 2014

Source: www.litigationfutures.com

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Practice Note: Chancery Chambers Changes 1st October 2014 – Judiciary of England and Wales

‘From 1 October 2014 the Chancery Division in London will commence using the new CE-File electronic court file and some data stored on the old IT system will be transferred to CE-File.’

Full practice note

Judiciary of England and Wales, 11th September 2014

Source: www.judiciary.gov.uk

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Wagenaar v Weekend Travel Ltd (t/a Ski Weekend) and another – WLR Daily

Wagenaar v Weekend Travel Ltd (t/a Ski Weekend) and another; [2014] EWCA Civ 1105; [2014] WLR (D) 389

‘The qualified one-way costs shifting provisions under CPR 44.13 and 44.14 were not ultra vires the general discretion of the court on the ordering of costs under section 51(1) of the Senior Courts Act 1981, and although applying to claims for damages for personal injuries brought by a claimant against a defendant, they did not apply to claims for an indemnity or contribution brought by such a defendant against a third party.’

WLR Daily, 31st July 2014

Source: www.iclr.co.uk

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High Court: Commercial Agents Regulations could not override contractual choice of law – OUT-LAW.com

‘Mandatory rules governing the relationship between commercial agents and their principals in respect of the agent’s UK activities cannot override a valid jurisdiction and choice of law clause, the High Court has ruled.’

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OUT-LAW.com, 10th September 2014

Source: www.out-law.com

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Carter-Ruck granted relief from sanctions after solicitor “misread” CPR – Litigation Futures

Posted August 22nd, 2014 in case management, civil procedure rules, costs, news, solicitors, time limits by tracey

‘The High Court this week granted libel specialists Carter-Ruck relief from sanctions after an assistant solicitor “misread” the Civil Procedure Rules and was almost four months late in sending out a funding notice.’

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Litigation Futures, 22nd August 2014

Source: www.litigationfutures.com

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