CIVIL PROCEDURE, COSTS & SANCTIONS: LINKS TO RECENT ARTICLES AND POST

This section provides  links to posts and articles on civil procedure and  evidence. There is an emphasis on sanctions and costs. Linking does not indicate approval or agreement but that all discussion on these issues is useful.

RECENT POSTS AND ARTICLES

24th November 2016

18th November 2016

(Dealing solely with the Court of Appeal decision in Qadar -v- Esure).

7th November 2016

26th October 2016

18th October 2016

16th October 2016

9th October 2016

3rd October 2016

25th September 2016

20th September 2016

  • An interesting and cautionary tale about costs budgeting  from Victoria Chambers in A Watchful Eye

12th September 2016

5th September 2016

24th August 2016

10th August 2016

5th August 2016

2nd August 2016

27th July 2016

17th July 2016

13th July 2016

8th July  2016

6th July 2016

4th July 2016

3rd July 2016

28th June 2016

21st June 2016

12th June 2016

6th June 2016

2nd June 2016

31st May 2016

23rd May 2016

17th May 2016

13th May 2016

Today, unusually, I am linking to posts about one case – Jones -v- Spire Healthcare on the assignment of CFAs.

7th May 2016

29th April 2016

19th April 2016

15th April 2016

7th April 2016

29th March 2016

22nd March 2016

16th March 2016

14th March 2016

10th March 2016

8th March 2016

7th March 2016

25th February 2016

23rd February 2016

19th February 2016

17th February 2016

15th February 2016

12th February 2016

(This is not Friday the 13th but the links today are all related to court closures).

8th February 2016

4th February 2016

1st February 2016

28th January 2016

26th January 2016

19th January 2016

15th January 2016

14th January 2016

12th January 2016

8th January 2016

6th January 2016

2015

31st December 2015

22nd December 2015

20th December 2015

16th December 2015

12th December 2015

8th December 2015

2nd December 2015

25th November 2015

23rd November 2015

17th November 2015

15th November 2015

10th November 2015

8th November 2017

3rd November 2015

29th October 2015

26th October 2015

25th October 2015

Kerry Underwood has been very busy writing. Here are his latest posts.

18th October 2015

11th October 2015

5th October 2015

1st October 2015

30th September 2015

24th September 2015

16th September 2015

15th September 2015

11th September 2015

9th September 2015

4th September 2015

27th August 2015

26th August 2015

23rd August 2015

18th August 2015

15th August 2015

14th August 2015

10th August 2015

7th August 2015

1st August 2015

21st July 2015

19th July 2015

12th July 2015

6th July 2015

25th June 2015

17th June 2015

15th June 2015 

12th June 2015

4th June 2015

1st June 2015

29th May 2015

19th May 2015

18th May 2015

13th May 2015

11th May 2015

8th May 2015

30th April 2015

27th April 2015

24th April 2015

21st April 2015

16th April 2015

12th April 2015

8th April 2015

2nd April 2015

1st April 2015

30th March 2015

27th March 2015

25th March 2015

23rd March 2015

19th March 2015

17th March 2015

16th March 2015

15th March 2015

12th March 2015

6th March 2015

1st March 2015

23rd February 2015

18th February 2015

17th February 2015

16th February 2015

15th February 2015

10th February 2015

4th February 2015

3rd February 2015

2nd February 2015

30th January 2015

28th January 2015

27th January 2015

22nd January 2015

20th January 2015

18th January 2015

13th January 2015

12th January 2015s

7th January 2015

6th January 2015

23rd December 2014

21st December 2014

14th December 2014 clearunle

11th December 2014

9th December 2014

6th December 2014

28th November 2014

26th November 2014

25th November 2014

24th November 2014

21st November 2014

20th November 2014

17th November 2014

16th November 2014

13th November 2014

10th November 2014

9th November 2014

4th November 2014

30th October 2014

27th October 2014

26th October 2014

23rd October 2014

21st October 2014

20th October 2014

18th October 2014

15th October 2014

14th October 2014

13th October 2014

9th October 2014

7th October 2014

2nd October 2014

1st October 2014

27th September 2014

25th September 2014

  • Professor Richard Lewis on Compensation Culture – How Insurers Contribute
  • Lexis Nexis Dispute Resolution Blog asks Do you Know about the J-Code-Set for Costs.
  • Legal Futures reports on views that the proposed changes to the Pre-Action Protocol are unnecessary
  • David Chalk writes on Civil Procedure and the CPR: Collateral Oral Agreements
  • Legal Futures writes on Budgeting Barristers
  • Bitter Lawyer gives us 10 funny judicial quotes. I can’t resist ” Manifestly, any person with even a correspondence-course level understanding of federal practice and procedure would recognize that Defendant’s Motion is patently insipid, ludicrous and utterly and unequivocally without any merit whatsoever…. Defendant’s obnoxiously ancient, boilerplate, inane Motion is emphatically DENIED. Moreover, Defendant’s present counsel-of-record, Mr. [redacted] is determined to be disqualified for cause from this action for submitting this asinine tripe”

24th September 2014

23rd September 2014

21st September 2014

18th September 2014

17th September 2014

16th September 2014

15th September 2014

11th September 2014

9th September 2014

8th September 2014

3rd September 2014

2nd September 2014

1st September 2014

                                                          AUGUST 2014

27th August 2014

22nd August 2014

21st August 2014

20th August 2014

19th August 2014

18th August 2014

16th August 2014

15th August 2014

6th August 2014

  • McGrath & Co on the new fees that came into force on the 4th August 2014 Court Fees Update

5th August 2014

4th August 2014

3rd August 2014

                                                       JULY 2014

31st July 2014

  • Kerry Underwood’s blog provides details of Guideline Hourly Rates following the rejection of the proposals by the Master of the Rolls

30th July 2014

29th July 2014

28th July 2014

25th July 2014

24th July 2014

23rd July 2014

22nd July 2014

21st July 2014

19th July 2014

18th July 2014

17th July 2014

15th July 2014

14th July 2014

11th July 2014

10th July 2014

7th July 2014

6th July 2014 (Links after Court of Appeal decision on sanctions in Denton -v- White.)

1.  The Law Society Gazette reviews the decision (and also allows you to see the judgment being given). 2. Colemans solicitors have an excellent summary of the decision here. 3.  The Solicitors Journal reports that the Post Mitchell Costs Regime has been clarified by the Court of Appeal 4. Lexis Nexis Dispute Resolution state that the decision provides Welcome Guidance 5. Local Government Lawyer summarises  the Three Stage Test set out by the Court of Appeal 6. Litigation Futures’ view is that the Court of Appeal takes some of the blame for the Mitchell decision. 7. The New Law Journal has a Welcome Return to the pre-Mitchell era 8. DWF state that the Court of Appeal has Rewritten the Mitchell test. 9. Forbes Solicitors have a brief guide to the  Guidance given by the relief from sanctions decision 10. Herbert Smith Freehills’ view is that Mitchell is softened but no return to old culture of non compliance 11. Bristol Law Society reports on how the sanctions decision “clarifies Mitchell”. 12.The LCCSA report that the sanctions decision will restore cooperation to litigation. 13. The Law Society view is that the sanctions decision will make civil litigation more cooperative and less adversarial 14. The Lawyer reports that the sanctions decision offers a third way on costs 15. Nearly Legal reviews the sanctions decision on Wimbledon Final’s day as Game Set and Match 16. 4 KBW reports on the trio of appeals 17. Blackstone Chambers reports on Denton -v- White 18. Hailsham Chambers hail Mitchell re-visited 19. DWF reports on the re-writing of the important Mitchell test 20. Harmans views are in Mitchell Sound but Substantially Misunderstood 21. Charles Russell on Mitchell has been Misunderstood and is being Misapplied 22. Landmark Chambers on Mitchell Modified. 23. Mills & Reeves have my favourite title within Goodbye Mitchell Hello Denton 24. Lawlords has a useful and succinct summary of the Re-Stated Mitchell test 25. Michael Lyons QC and Cecily White review the decision in Mitchell Misunderstood and Misapplied 26. Litigation Futures reports that the Profession Lauds the Court of Appeal approach in Mitchell 2 27. The Law Society Gazette heralds The Retreat from Mitchell 28. Kennedys herald the Denton case as Common Sense Restored 29 Stone Chambers reviews the guidance given on Relief from Sanctions 30. Rosling King review the Denton decision in their Lender Update 31. Roll on Friday reports on the row back from Mitchell (just read the comments section) 32 Steven Cornforth considers whether Mitchell is Heading Back to Earth 33. Ontime Group analyse the New Three Stage Test 34. Clinical Negligence Law writes on Mitchell Re-imagined  35. Lexis Nexis Dispute Resolution has an interview with Shail Patel on How the courts are applying Mitchell (which actually deals with the Denton case). 36. Nicki Phillipson from Zenith Chambers on Its Mitchell but not as we know it. 37. David Partington of Sovereign Chambers regards Denton as a Welcome Decision  38. Pinsent Masons report on Expert’s Welcome to more nuanced approach. 39. Lamb Chambers review the decision under “Relief from Sanctions” 40. Practical Law have an article by Matthew Finn : Denton: Mitchell Clarified and Amplified 41. Keoghs have a detailed review of the decision in their Client Alert 42. Taylor Wessing report on Holding Back the Tide of Satellite Litigation. 43. Eversheds reviews the Denton decision in their e-briefing. 44. The New Law Journal on how the Court of Appeal clarifies the Mitchell effect. 45. Temple Garden Chambers ponder To Mitchell or Not to Mitchell 46. Manchester Law Society on The Interpretation of Mitchell 4th July 2014

3rd July 2014

1st July 2014

30th June 2014

27th June 2014

26th June 2014

24th June 2014

23rd June 2014

22rd June 2014

19th June 2014

16th June 2014

15th June 2014

12th June 2014

11th June 2014

10th June 2014

5th June 2014

1st June  2014

28th May 2014

27th May 2014

22nd May 2014

20th May 2014

16th May 2014

15th May 2014a

14th May 2014

12th May 2014

11th May 2014

8th May 2014 

6th May 2014

4th May 2014

1st May 2014

28th April 2014

25thApril 2014

22nd April 2014

21st April 2014

17th April 2014

16th April 2014

15th April 2014

14th April 2014

13th April 2014

11th April 2014

10th April 2014 Hill Dickinson have a number of papers on the first year of Jackson following on from a conference they held on the matter.

9th April 2014

8th April 2014

7th April 2014

  6th April 2014

4th April 2014

3rd April 2014

2nd April 2014

1st April 2014 (after 12.00am) special anniversary posts (one year of Jackson Reforms).

MARCH 2014

31st March 2014

30th March 2014

27th March 2014

26th March 2014

25th March 2014

  • 23rd March 2014

22nd March 2014

21st March 2014 

19th March 2014

17th March 2014

15th March 2014

13th March 2014

12th March 2014

(Both the City of London and Thompsons’ responses are on this blog here)

11th March 2014

10th March 2014

9th March 2014

7th March 2014

6th March 2014

5th March 2014

4th March 2014

3rd March 2014

2nd March 2014

FEBRUARY 2014

28th February 2014

27th February 2014

26th February 2014

25th February 2014

  • Kerry Underwood reviews the relief from sanctions cases to date and is, as ever, trenchant in his views.
  • Litigation Futures ponders whether the “buffer directions” blows the Jackson/Mitchell principles off course.
  • Legal Orange comments on applications for relief from sanctions in the context of bad advice received from senior members of his firm.
  • Legal Orange also contains guidance on the effective use of the Practice Direction for Pre-Action Conduct.
  • The Solicitors Journal reports on the Summit decision and the award for costs made to the successful part.
  • Civitas Law report on the case of AEI -v- Alstom where particulars of claim where struck out for being served late.
  • Lexis Nexis Dispute Resolution report on the increase of the costs budgeting requirements to cases up to £10 million

24th February 2014

22nd February 2014

21st February 2014

20th February 2014

19th February 2014

  • Everyone should read Legal Chap’s problems with the court system in “do as I say
  • Practical Law ConstructionBlog on why the Jackson ADR Handbook is essential reading
  • Greenwood/Plexus Personal Injury carries articles on costs budgeting, expert evidence, and costs.
  • The prolific authors at Greenwoods/Plexus also have articles on service  and contempt of court another edition has a review of post-Mitchell case law
  • The Association of Cost Lawyers discuss a well known case in Christie’s lawyers miss the starting gun
  • GWS discuss the case of Burton -v- Cranfield Delta Whiskey Group and relief from sanctions
  • Harmans have their  Costs Brief for February – inevitably involves relief from sanctions cases

18th February 2014

17th February 2014

16th February 2014

14th February 2014

13th February 2014  

  • The Ontime Group wins the prize for all the worst puns in one go in “Quick out of the blocks:Christie defendant disqualified for false budget start “
  • The Law Society Gazette reports  that the Civil Justice Council “blasts proposed court fee hikes
  • RPC have a useful Litigation Bulletin on the relationship between the CPR and the Companies Act when serving a director abroad 
  • Lexis Nexis Dispute Resolution carry a copy of the Judicial Office statement on extensions of time.
  • Legal Futures carries a discussion of whether judges and opponents are targeting lawyers
  • Tom Shepherd at 11 SB carries an extensive review of the consequences of witness statements as a result of Lloyd and Mitchell in “don’t get caught out

12th February 2014

11th February 2014

10th February 2014

8th February 2014

7th February 2014

6th February 2014

5th February 2014

4th February 2014

  • Legal Orange gives practical guidance on getting a stubborn opponent into ADR
  • District Judge Hickman writes in the Law Society Gazette – “Mitchell – once more into the breach “(read the final paragraph in particular).
  • Dispute Resolution considers litigation privilege and the Starbev -v- Interbrew case in “Dominant purpose litigation privilege rejected”
  • Rachel Rothwell, writing in the Law Society Gazette, notes the disparity between the recent Supreme Court decision on errors in the drafting of wills and the courts approach to errors in civil procedure.
  • I have written before on the dangers of bias in taking witness statements and  obtaining evidence, using Hillsborough as an example.  The BBC Report on this issue makes interesting reading.
  • Mondaq consider the question: Jackson: revolution or evolution?
  • DWF monthly Insurance Brief considers many of the cases relating to the Jackson reforms.
  • Kennedy’s Case Reviews looks at pre-action disclosure and the case of Smith -v- Secretary of State for Energy and Climate Change.
  • Mill & Reeve review numerous procedural cases in their round up of recent cases.
  • Matthew Harman’s presentation notes on Costs and funding post-Jackson are available for all to view.

3rd February 2014

2nd February 2014

1st February 2014

JANUARY 2014

31st January 2014

30th January 2014

  • Kerry Underwood discusses the Pre-Action Protocols,  pre-action conduct and ADR
  • Reynolds Porter Chamberlain discuss the case of Starbev GP Ltd v Interbrew Central European Holding BV and the relevant principles governing litigation privilege in “Litigation Privilege a Cautionary Tale
  • Speechly Bircham discuss the  decision in PGF II SA v OMFS Company 1 Ltd and the Court of Appeal’s decision to impose a cost sanction on a successful party because they refused to mediate in Refuse to mediate at your peril.
  • Kennedy’s discuss the courts approach to allowing the introduction of new evidence after a trial and the Court of Appeal’s guidance on pre action disclosure in Medical Law Brief.
  • Matthew Arnold & Balwin LLP discuss the case of Webb Resolutions v eSurv Limited [2014] EWCH 49 (QB) in “Relief from Sanctions – even though there was no sanction”
  • Wedlake Bell consider Mitchell and whether Jackson constitutes Revolution or evolution.
  • The New Law Journal considers More Jackson changes on the horizon

29th January 2014

28th January 2014

  • Nichola Phillipson of Zenith Chambers reviews the latest cases on Jackson in the Jackson Corner
  • Litigation Orange ponders the (probably currently unanswerable) question whether the decision in Mitchell applies to setting aside a default judgment 
  • Kerry Underwood has a (perhaps slightly tongue in cheek) look at fraud and RTA
  • Hill Dickinson report sanctions cases under the heading new week new cases
  • Clyde & Co discuss a number of sanctions cases in their insurance and reinsurance weekly update
  • The Lawyer reports on the cases that bring home the Jackson message

27th January 2014

  • RPC consider the Lloyd case in No Way Out
  • Nigel Poole QC considers the cases after Mitchell
  • TaylorWessing consider Mitchell and  the heavy costs of non-compliance in “the real costs of plebgate
  • Legal Orange adds to the blend of discussion on costs in the piece on costs draftsmen and War Stories
  • The Law Society Gazette carries a comment piece on Mitchell – Nothing Less than Draconian
  • The New Law Journal reports on the Low Commission and alternatives to cutting public funding for civil legal aid.
  • Kennedys Motor Brief covers, among other things, the performance of the portal.
  • Plexus and Greenwoods Legal Watch covers the ability of the court to limit the number of witnesses at trial
  • Now time is of the essence in civil procedure it is interesting to look at the Friday Funny from My Case where a motion was filed less than five minutes late
  • 13 KBW Personal Injury and Clinical Negligence team have a monthly Case Law and Practice Update for January 2014 with links to previous updates

26th January 2014

  • Another recommendation for the Legal Orange blog on how to instruct counsel
  • Coventry View takes a look at the recent sanctions decision in M A Lloyd -v- PPP International
  • Nearly Legal also takes a look at the Lloyd case (from a different angle). Personal injury practitioners (landlord & tenant and local government lawyers) may wish to read the review of the Trafford -v- Blackpool Council judicial review also in the same article.
  • Dealing with the recent discussion of written advocacy there is an example of a skeleton argument in a defamation case (in an application that was successful).
  • De Novo look at Mitchell and later developments in case law
  • Law Actually asks whether judges are being too harsh following the Jackson reforms.
  • Hill Dickinson have a section in Mitchell in their local authority update Keep it Local
  • It is interesting that Gregson’s Terms of Business have a clear and express reference to the Jackson reforms, the need for compliance with the procedural timetable and consequences of striking out (see paragraph 25)

24th January 2014

23rd January 2014

22nd January 2014

21st January 2014 

20th January 2014

 19th January 2014

18th January

16th January 2014

15th January 2014

14th January 2014

13th January 2014

10th January 2014

9th January 2014

8th January 2014

7th January 2014

6th January 2014

3rd January 2014

DECEMBER 2013

27th December 2013

23rd December 2013

  • Jennings Costs Consultants have a discussion of the Durrant case at

http://www.jenningscosts.co.uk/news/durrant-v-avon-somerset-constabularly-relief-from-sanctions

19th December 2013

18th December 2013

17th December 2013

 

5 comments

  1. […] P.S. A note of thanks to Gordon Exall and his very helpful pulling together of other articles and posts on the same subject. […]

  2. […] The cases to read are not merely the post-Jackson, post-Mitchell cases specifically about sanctions – you can find all that you could want on this on Gordon Exall’s comprehensive, authoritative and well indexed Civil Litigation Brief – this is his Mitchell index. […]

  3. This is a really useful tool for litigators. Thanks for helping to collate a variety of different views and decisions.

  4. robertpettitt · · Reply

    Gordon – please note that my post 03/03/14 (linked above) is tongue in cheek – save for the last section. If people take it at face value I’m doomed!

  5. […] The purpose of this article is to pull together some of the developments and articles which have appeared since my own rather cross critique of the system. That was only a few days ago, but much has come out since then; it is hard to keep up and I do you better service by bringing some of it to your attention rather than inventing my own. What follows comes in no particular order of either time or importance. That yesterday was the first anniversary of the Jackson Reforms is a coincidence, and the sources referred to here do not include any of the “Jackson One year On” articles published this week; Gordon Exall’s Civil Litigation Brief lists the best of them here. […]

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