‘Approach of court to applications for extensions of time under the Insolvency Rules 1986 in light of the reformulation of CPR r 3.9 and the test to be applied on an application for relief from sanctions.’
WLR Daily, 23rd May 2014
Source: www.iclr.co.uk
JSC BTA Bank v Ablyazov and others (No 11) [2014] EWCA Civ 602; [2014] WLR (D) 221
‘Where non-parties resident outside the jurisdiction applied for removal of an asset from the scope of freezing and associated orders, the court had jurisdiction to order the trial of an issue as to whether they owned the asset as claimed, but not as to whether they had colluded in breach of the orders, without steps being taken to establish extra-territorial jurisdiction in reliance on paragraph 3.1 of CPR Practice Direction 6B.’
WLR Daily, 14th May 2014
Source: www.iclr.co.uk
‘Regular readers of this blog (when it is accessible) will know that we are a housing law blog. However, housing law (for the most part) is covered by the overarching umbrella of civil law and we do therefore occasionally cover the odd important non-housing civil law development. It is for that reason that we have been following with interest (as is every single civil lawyer in England and Wales) the “fall-out” from the Jackson reforms.’
NearlyLegal, 23rd May 2014
Source: www.nearlylegal.co.uk
‘Postal service of a claim form by the court in disregard of the claimant’s request to return the claim form to him so that he could serve it personally, in breach of CPR r 6.4(1)(b), was an “error of procedure”, within rule 3.10, and so did not invalidate service.’
WLR Daily, 15th May 2014
Source: www.iclr.co.uk
‘A costs judge is entitled to consider if individual items of costs claimed are proportionate and necessary even if the costs of the litigation overall appear proportionate, the High Court has decided in the first ruling on the issue.’
Litigation Futures, 16th May 2014
Source: www.litigationfutures.com
‘Eleven years on from the House of Lords’ decision in Lagden v O’Connor [2003] UKHL 64 “impecuniosity” remains a hot topic in the world of credit hire. The Court of Appeal case of Zurich v Umerji [2014] EWCA Civ 357 handed down on 25 March 2014 is an important case on credit hire for both Claimants and Defendants. Its impact is likely to resound further in light of the Jackson reforms as clarified by Mitchell v News Group Newspapers [2013] EWCA Civ 1537.’
Hardwicke Chambers, 2nd May 2014
Source: www.hardwicke.co.uk
‘Given the continued attention commanded by the stream of relief from sanctions decisions and the implementation of the Jackson reforms, it is unsurprising that the secondary legislation that brought into force section 17 of the Crime and Courts Act 2013, and which made related changes to the CPR (see Legal update, The Civil Procedure (Amendment) Rules 2014 published), passed by relatively unnoticed. It would, however, be a mistake not to note the significant changes to the County Court and its jurisdiction. These will throw up significant practical issues for the courts themselves and, in some regions more than others, will create a number of tactical dilemmas for litigators.’
Full story (PDF)
Littleton Chambers, 7th May 2014
Source: www.littletonchambers.com
‘Mr Justice Coulson has handed down his lengthy judgment on the costs matters arising from the claim made by Greenwich Millennium Village Limited (“GMVL”). His judgment may prove of particular interest for his consideration of costs issues which arise when, as so often in the TCC, parties seek to pass on liabilities along a contractual chain.’
Full story (PDF)
4 New Square, 6th May 2014
Source: www.4newsquare.com
‘The Court of Appeal last week handed down judgment in the case of Chartwell Estate Agents v. Fergies Property & Anor. [2014] E. W. C. A. Civ. 506. It is an important decision for all civil practitioners, as it deals directly with the question of relief from sanction under the modified Rule 3.9 of the Civil Procedure Rules, and mollifies to some extent the (at least perceived) harshness of the rule in Mitchell v. News Group Newspapers [2014] 1 W. L. R. 795 – so much so that the Westlaw service run by respected legal publishers Sweet & Maxwell now state that the Mitchell decision has received “mixed or mildly negative judicial treatment”.’
The Barristers’ Hub, 23rd April 2014
Source: www.barristershub.co.uk
Kaneria v Kaneria and others: [2014] EWHC 1165 (Ch); [2014] WLR (D) 177
‘An in-time application for extension of time was not to be treated as if it were an application for relief from sanctions, but was to be judged against the overriding objective rather than CPR r 3.9. When dealing with an in-time application, the court was not to give paramount status to the considerations of enforcing compliance with rules, Practice Directions and orders.’
WLR Daily, 15th April 2014
Source: www.iclr.co.uk
‘Maunder Taylor v SHG-SH20 Ltd 3CL02066 is one of the more interesting (and potentially, important) county court cases I’ve come across recently (transcript not publicly available; I’ve got one and am trying to persuade the Landlord and Tenant Reports to publish it). For reasons that will become clear, it has wider significance for LVT/FTT cases and although only a county court judgment, it is by HHJ Walden-Smith who is herself a judge of the UT(LC); not binding authority, I accept, but persuasive and important.’
NearlyLegal, 18th April 2014
Source: www.nearlylegal.co.uk
‘Higher value cases raised in the commercial court will not be brought into the civil court costs regime retrospectively when the regime is extended to catch claims worth up to £10 million next week, the Civil Procedure Rules Committee (CPRC) has said.’
OUT-LAW.com, 17th April 2014
Source: www.out-law.com
‘Patents, trade marks and design rights are valuable intellectual property (IP) rights and vital to economic growth. They ensure that research and innovation is encouraged and rewarded. And, for some small businesses, they can represent their most significant assets. The law provides effective ways to enforce IP rights but these can be misused to drive competitors from the market. In a report published today, the Law Commission is recommending reforms that will allow individuals and businesses to protect their IP rights but not at the expense of new ideas and inventions.’
Law Commission, 15th April 2014
Source: www.justice.gov.uk/lawcommission
Kershaw v Roberts and another: [2014] EWHC 1037 (Ch); [2014] WLR (D) 168
‘Claims issued under CPR Pt 8 were not automatically allocated to the multi-track with the result that the provisions of CPR Pt 29 and the costs management provisions in section II of CPR Pt 3 were of no application unless and until the claim had been allocated to the multi-track by the procedural judge considering the claim.’
WLR Daily, 10th April 2014
Source: www.iclr.co.uk
‘The Civil Procedure Rule Committee (CPRC) has reassured litigators that the new version of the costs management rule coming into force on 22 April will not accidentally catch Commercial Court and other Rolls Building cases being brought into the regime retrospectively.’
Litigation Futures, 14th April 2014
Source: www.litigationfutures.com
‘A claimant has failed in a High Court Mitchell bid to argue that an initial hearing amounted to a case management conference (CMC) and should be subject to budgeting rules.’
Law Society’s Gazette, 14th April 2014
Source: www.lawgazette.co.uk
‘Conventionally, we’ve thought that a counterclaim would have to be raised before a possession order, or the complex and fraught option of applying to set aside the possession order would have to be followed, even assuming there was actually any basis for such an application. But there appears to be a solid argument based on Court of Appeal precedent to suggest otherwise.’
NearlyLegal, 9th April 2014
Source: www.nearlylegal.co.uk
‘Alongside the continued wave of decisions on relief from sanctions applications, a few decisions are
now coming through that reflect the general shift in approaches to case management that many
practitioners may have encountered for themselves.’
Littleton Chambers, 2nd April 2014
Source: www.littletonchambers.com
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