Judge quashes ‘generous interpretation’ of Mitchell – Law Society’s Gazette

Posted December 9th, 2014 in documents, news, sanctions, setting aside by sally

‘The High Court has overturned a judgment that granted leniency to a defendant who missed two deadlines for filing a document in a civil case.’

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Law Society’s Gazette, 8th December 2014

Source: www.lawgazette.co.uk

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

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

High Court denies Lord Chancellor relief from sanctions in legal aid dispute – Litigation Futures

Posted November 11th, 2014 in law firms, legal aid, lord chancellor, news, sanctions by tracey

‘The High Court has denied the Lord Chancellor relief from sanctions in a case involving an attempt by the Legal Aid Agency (LAA) to reclaim £160,000 plus interest from a former law firm 16 years after the final payments were made.’

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Litigation Futures, 11th November 2014

Source: www.litigationfutures.com

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

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

Commercial Litigation: The Post-Jackson World – Speech by Lord Justice Jackson

Posted October 22nd, 2014 in budgets, civil justice, costs, regulations, sanctions, speeches by sally

Commercial Litigation: The Post-Jackson World (PDF)

Speech by Lord Justice Jackson

Law Society Conference, 21st October 2014

Source: www.judiciary.gov.uk

High Court demonstrates more merciful relief regime – Litigation Futures

Posted October 22nd, 2014 in negligence, news, sanctions, solicitors by sally

The High Court has given a clear demonstration of the more forgiving post-Denton environment by granting relief from sanctions where the defaulting party admitted it had no good reason for its failure.

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Litigation Futures, 22nd October 2014

Source: www.litigationfutures.com

Recalibrating Mitchell – New Law Journal

Posted July 14th, 2014 in civil procedure rules, costs, news, sanctions by sally

‘Dominic Regan provides a guide to the post-Mitchell three-step test.’

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New Law Journal, 11th July 2014

Source: www.newlawjournal.co.uk

Expert welcomes Court of Appeal’s “more nuanced approach” to granting relief from ‘Mitchell’ sanctions – OUT-LAW.com

Posted July 8th, 2014 in appeals, civil procedure rules, courts, news, proportionality, sanctions by tracey

‘Courts should be much more ready to grant relief from sanctions for failure to comply with court orders, practice directions and rules after the Court of Appeal found that the current approach had been “misunderstood and is being misapplied by some courts”, an expert has said.’

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OUT-LAW.com, 8th July 2014

Source: www.out-law.com

Hallam Estates v Baker : Extensions of time – time to get along? – Henderson Chambers

Posted June 26th, 2014 in agreements, appeals, civil procedure rules, delay, news, sanctions, time limits by sally

‘Lord Justice Jackson took this appeal as an opportunity to stress the importance of parties acting reasonably in agreeing to extensions of time where court hearings are not disrupted. Whilst one might have expected courts to be less approving of parties granting each other extensions of time following the 1 April 2013 reforms, the contrary appears to be the case: Jackson LJ made it quite clear that “…it was no part of my recommendations that parties should refrain from agreeing reasonable extensions of time, which neither imperil hearing dates nor otherwise disrupt the proceedings” (at [30]).

Full story (PDF)

Henderson Chambers, 27th May 2014

Source: www.hendersonchambers.co.uk

High Court grants relief despite “deliberate and non-trivial” breach – Litigation Futures

Posted June 24th, 2014 in civil procedure rules, costs, news, payment into court, sanctions by sally

‘A High Court judge has granted relief from sanctions despite finding that the non-compliance was non-trivial and deliberate, and that there was some delay in lodging the application for relief – using instead powers to impose conditions on the order.’

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Litigation Futures, 24th June 2014

Source: www.litigationfutures.com

Lord Dyson to rule on whether cheque for court fees should have been put in Christmas post – Litigation Futures

Posted June 12th, 2014 in appeals, case management, courts, fees, news, sanctions, solicitors by sally

‘One of the three Mitchell cases to be heard by the Master of the Rolls next week centres on whether a solicitor should have put a cheque in the post shortly before Christmas to pay for the hearing fee.’

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Litigation Futures, 12th June 2014

Source: www.litigationfutures.com

In re Lehman Brothers (International) (Europe) (in administration) (No 5) – WLR Daily

In re Lehman Brothers (International) (Europe) (in administration) (No 5); Contrarian Funds LLC v Lomas and others [2014] EWHC 1687 (Ch);  [2014] WLR (D)  233

‘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

This is what we always meant – NearlyLegal

Posted May 27th, 2014 in case management, civil procedure rules, news, sanctions by sally

‘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.’

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NearlyLegal, 23rd May 2014

Source: www.nearlylegal.co.uk

Relief from sanction and witness statements – The Barristers’ Hub

Posted April 24th, 2014 in case management, civil procedure rules, disclosure, news, sanctions, witnesses by tracey

‘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”.’

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The Barristers’ Hub, 23rd April 2014

Source: www.barristershub.co.uk

‘Dodgy directors’: Tougher sanctions could see them paying compensation – The Independent

Posted April 22nd, 2014 in bills, company directors, compensation, news, sanctions, victims by sally

‘The Government is to introduce a law imposing tougher penalties on “rogue and reckless” company directors that could see them paying compensation to victims.’

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The Independent, 19th April 2014

Source: www.independent.co.uk

Controlling the process: a practical view from the Bar – Littleton Chambers

Posted April 8th, 2014 in case management, civil procedure rules, costs, news, sanctions by sally

‘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.’

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Littleton Chambers, 2nd April 2014

Source: www.littletonchambers.com

A second bite of the cherry: Can a claimant bring a fresh claim having failed to obtain relief from sanctions? – Hardwicke Chambers

‘In the brave new world created by the Court of Appeal decision in Mitchell v Newsgroup Newspapers Ltd [2013] EWCA Civ 1537, claimants whose claims have been struck out for failure to comply with a rule, practice direction or order are honing in on second actions as a way of bringing their litigation back to life. The threatened slew of professional negligence suits post-Mitchell could be avoided if lawyers subject to a Mitchell strike-out are able to placate their clients by simply re-issuing proceedings against the defendant.’

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Hardwicke Chambers, 13th March 2014

Source: www.hardwicke.co.uk

Relief from sanctions application is not a “free ride” for other side to oppose, judge warns – Litigation Futures

Posted March 27th, 2014 in civil procedure rules, costs, news, sanctions by tracey

‘Parties opposing applications for relief from sanctions should not assume that they are going to get a “free costs ride” in opposing them, a High Court judge has warned.’

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Litigation Futures, 27th March 2014

Source: www.litigationfutures.com