‘A High Court judge yesterday sought to “reinforce the message that the Commercial Court will firmly discourage the taking of futile and time-wasting procedural points” as it appeared the message from last month’s Summit Navigation ruling “may not yet have been heard”.’
Litigation Futures, 13th March 2014
Source: www.litigationfutures.com
‘All sanctions were not equal nor were they to be treated as equivalent to one another for the purposes of an application for relief from sanctions under CPR r 3.9.’
WLR Daily, 21st February 2014
Source: www.iclr.co.uk
‘A recent run of High Court rulings shows that a “sensible and pragmatic” approach to the circumstances in which relief from sanctions for breaches of the civil court costs rules will be granted is gradually beginning to emerge, an expert has said.’
OUT-LAW.com, 25th February 2014
Source: www.out-law.com
‘The Mitchell ruling is not to be used as a tactical weapon, the High Court has warned litigators in a case where its opprobrium was reserved for the conduct of the party on the other side of the default.’
Litigation Futures, 21st February 2014
Source: www.litigationfutures.com
‘In recent weeks there has been widespread reporting of government measures to introduce “mandatory mediation” for separating couples. This will be brought in under the Children and Families Bill, which is due to come into force in April. So, what exactly will the proposals mean? Will they actually result in couples moving away courts, and resolving their disputes through mediation, as the government wants?’
Halsburys Law Exchange, 10th February 2014
Source: www.halsburyslawexchange.co.uk
‘Legal fees in family proceedings hit the headlines with Young v Young – the now infamous seven year divorce case which saw £6.5m spent on one side’s legal costs alone.’
Halsbury’s Law Exchange, 27th January 2014
Source: www.halsburyslawexchange.co.uk
‘In XYZ v Various [2013] EWHC 3648, Mrs Justice Thirlwall is managing group litigation in which nearly 1000 women seek damages from companies running hospitals for supplying them with defective implants manufactured by the French company, PIP, for use in breast implant surgery. Some of the claimants also bring actions against the providers of credit cards pursuant to the Consumer Credit Act 1984 (as amended by the 2006 Act) and some bring actions against the surgeons who carried out the surgery. The total value of the claims is in the region of £13m plus costs on both sides. The court has held a number of case management hearings culminating finally in a timetable leading to trial in October 2014 on three issues in four sample cases in which Transform Medical Group (CS) Ltd (“Transform”) is, effectively, the lead defendant.’
Hardwicke Chambers, 13th January 2014
Source: www.hardwicke.co.uk
‘In his monthly column, James Bickford Smith discusses Durrant v Chief Constable of Avon and Somerset Constabulary [2013] EWCA Civ 1624 in which the Court of Appeal, after its decision in Mitchell v News Group Newspapers Ltd [2013] EWCA Civ 1537, took further eye-catching steps to impose the new approach to relief from sanctions.’
Littleton Chambers, 8th January 2014
Source: www.littletonchambers.com
‘The Court of Appeal has cited the landmark Mitchell costs case for the first time to reject a defendant’s plea for relief from sanctions.’
Law Society’s Gazette, 18th December 2013
Source: www.lawgazette.co.uk
‘Our monthly summary of key costs-related court decisions.’
Litigation Futures, 9th December 2013
Source: www.litigationfutures.com
Mitchell v News Group Newspapers Ltd: [2013] EWCA Civ 1537; [2013] WLR (D) 466
‘In the context of the court’s case management powers in respect of a party’s claim, the failure by the party to file a costs budget on time would not normally attract relief from the sanction imposed by CPR r 3.14 unless the default were trivial or there were a good reason for it.’
WLR Daily, 27th November 2013
Source: www.iclr.co.uk
In re C (A Child): [2013] EWCA Civ 1412; [2013] WLR (D) 449
‘The Court of Appeal gave guidance as to the proper approach to be adopted in family proceedings when considering a without notice application for a prohibited steps order and the making of a contact order.’
WLR Daily, 21st November 2013
Source: www.iclr.co.uk
“Parties to litigation in the civil courts need more guidance about what constitutes an ‘appropriate’ costs budget and the consequences of not meeting the requirements of the new costs management regime, an expert has said.”
OUT-LAW.com, 8th October 2013
Source: www.out-law.com
“HH Simon Brown QC continues his exclusive NLJ online series on costs management post-Jackson.”
New Law Journal, 19th September 2013
Source: www.newlawjournal.co.uk
“Mohammed Saleem Tariq & Anton van Dellen reflect on the early days of the Jackson reforms.”
New Law Journal, 6th September 2013
Source: www.newlawjournal.co.uk
“Every litigator will be aware of the new obligation to prepare budgets. What follows is a series of warnings about trips and traps.”
New Law Journal, 19th August 2013
Source: www.newlawjournal.co.uk
“A solicitor who refused to comply with a legal ombudsman decision to return files to a client has been fined £5,000 for contempt by a county court.”
Solicitors Journal, 14th August 2013
Source: www.solicitorsjournal.com
“Parties to civil court litigation must ensure that they file and exchange costs budgets no later than seven days before the first case management conference or risk strict penalties under the new costs management regime, an expert has said.”
OUT-LAW.com, 13th August 2013
Source: www.out-law.com
“The High Court has told the former chief whip Andrew Mitchell MP that the cost of his libel action against The Sun will be restricted to the cost of the court fees for the claim.”
The Lawyer, 7th August 2013
Source: www.thelawyer.com
“Victims of asbestos-related disease are to be offered a process for out-of-court compensation along the lines of the RTA Portal, under proposals to support mesothelioma sufferers announced by the Ministry of Justice today.”
Law Society’s Gazette, 24th July 2013
Source: www.lawgazette.co.uk
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