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
‘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?’
Zenith PI Blog, 22nd October 2014
Source: www.zenithpi.wordpress.com
‘All those subject to the Detained Fast Track policy, operated by the Secretary of State, for the detention of some asylum seekers while their asylum claims were being determined would now have four clear working days from allocation of a lawyer to substantive interview.’
WLR Daily, 9th October 2014
Source: www.iclr.co.uk
‘The court in Canning v Network Rail [2014] EWHC 2104 (QB) treated an application to rely on supplementary witness evidence as an application for relief from sanctions. The Mitchell considerations therefore came into play.’
Zenith PI Blog, 3rd October 2014
Source: www.zenithpi.wordpress.com
‘The government has indicated that it will not rethink the end of the LASPO exemption currently applied to insolvency proceedings, which is due to expire next year.’
Litigation Futures, 15th September 2014
Source: www.litigationfutures.com
‘As you will remember, at the end of 2013 the CA refused to allow the Defendant to rely upon witness statements which had been served out of time. Therefore when the Claimant’s claim for damages for false imprisonment, assault, malicious prosecution, Breach of Article 3 and defamation came before the court in August 2014, the only statements read by the court were those provided by the Claimant, and the only live evidence came from the Claimant and one witness on her behalf. The court did, however, also view CCTV.’
Zenith PI Blog, 5th September 2014
Source: www.zenithpi.wordpress.com
‘The High Court has recently revisited how loss of chance damages will be quantified in professional negligence claims.’
Commercial Disputes Blog, 26th August 2014
Source: www.rpc.co.uk
‘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.’
Litigation Futures, 22nd August 2014
Source: www.litigationfutures.com
Regina v Ali (Salah) [2014] EWCA Crim 1658; [2014] WLR (D) 366
‘It was permissible for the statutory assumptions in section 10 of the Proceeds of Crime Act 2002 to be applied in a case where a defendant was either voluntarily or involuntarily absent through illness.’
WLR Daily, 31st August 2014
Source: www.iclr.co.uk
‘David Partington and Judy Dawson, barristers in the Sovereign Chambers Civil Team in Leeds, consider the civil procedural difficulties that the late service of witness statements cause for both the defaulting and innocent parties, given the interplay of, “Jackson”, Denton, and the cases dealing with sanction for late service of witness statements.’
Sovereign Chambers, 16th July 2014
Source: www.sovereignchambers.co.uk
‘Jessica Craigs, senior solicitor at Mills & Reeve LLP, reviews the latest developments and judgments relating to marriage, divorce and financial remedies.’
Family Law Week, 11th July 2014
Source: www.familylawweek.co.uk
‘Practitioners will be conscious of the ridiculous practice that ensued in the lower courts following the ‘guidance’ dispensed by the Court of Appeal in Mitchell v News Group Newspapers [2013] EWCA Civ 1537 as to the operation and application of rule 3.9 of the Civil Procedure Rules – Relief from Sanction.’
Law Society’s Gazette, 14th July 2014
Source: www.lawgazette.co.uk
‘The ordinary meaning of paragraph 18(b) of the Criminal Injuries Compensation Scheme 2008, which provided that a claims officer could waive the two-year time limit, from the date of the relevant incident, for the making of an application for compensation in respect of a criminal injury where, in the particular circumstances of the case, it would not have been reasonable to expect the applicant to have made an application within the two-year period, required the late applicant to show that it was not reasonable to expect him to make any application for compensation within time thereby placing the burden on the late applicant to show that he did not fail to comply with a reasonable expectation that he would pursue his compensation rights in a timely manner.’
WLR Daily, 8th July 2014
Source: www.iclr.co.uk
‘The Mitchell ruling has been “misunderstood and is being misapplied by some courts”, the Master of the Rolls said today in issuing more detailed guidance on how it should be used – while also recognising that some of the language used in Mitchell may have contributed to the problems.’
Litigation Futures, 4th July 2014
Source: www.litigationfutures.com
‘The Court of Appeal’s ruling today [4 July] in three linked appeals relating to its its earlier judgment in Mitchell will make civil litigation less adversarial and more co-operative, the Law Society has predicted.’
Local Government Lawyer, 4th July 2014
Source: www.localgovernmentlawyer.co.uk
‘The eagerly awaited Court of Appeal judgement in Denton & others v TH White Ltd & others was handed down on Friday. Dyson LJ provides a careful methodology on the approach to applications for relief from sanctions under CPR 3.9, with the aim to set to rights the fall-out from the landmark decision of Mitchell v News Group Newspapers Ltd’
NearlyLegal, 6th July 2014
Source: www.nearlylegal.co.uk
‘A man is suing his former legal team for pursuing “hopeless claims” based on flawed research into the MMR vaccine, it has emerged.’
The Guardian, 26th June 2014
Source: www.guardian.co.uk
‘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
‘English landlords that secured deposits from fixed-term tenants would not have to re-comply with the deposit protection rules if that tenancy later ‘rolls over’ to become a statutory periodic tenancy or if the landlord enters into a new tenancy with the same tenant for the same premises, the UK government has proposed.’
OUT-LAW.com, 20th June 2014
Source: www.out-law.com
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