Monthly Archives: December 2013

KARBHARI: THE MITCHELL CRITERIA AND THE LATE SERVICE OF WITNESS STATEMENTS

KARBHARI -v- AHMED http://www.bailii.org/ew/cases/EWHC/QB/2013/4042.html 2013] EWHC 4042 (QB) This was a  High Court case listed for seven days. On the first day of the trial the defendant’s counsel indicated that it would be necessary to amend the Defence and introduce a supplementary witness statement. The case was adjourned to the following day. The explanation for the original […]

KERRY UNDERWOOD: ABERCROMBIE AND RELIEF FROM SANCTIONS

Kerry Underwood’s blog contains an interesting discussion of the apparent differences between various divisions of the Court of Appeal on the issue of relief from sanctions.  Kerry points to the decision in Abercrombie and Others v Aga Rangemaster Ltd (2013) EWCA Civ 1148. shortly before the Mitchell decision where the Court of Appeal granted permission to amend […]

GUIDANCE FROM THE BENCH ON POST JACKSON LITIGATION

HH Judge Simon Brown QC has written a series of articles on Litigation Post Jackson for the New Law Journal. See How to avoid getting into serious trouble http://www.newlawjournal.co.uk/nlj/content/how-avoid-getting-serious-trouble Costs Management Post Jackson http://www.newlawjournal.co.uk/nlj/content/fal There are a number of links to the relevant forms at the foot of the costs management article. There is useful guidance about […]

ANOTHER COURT OF APPEAL CASE ON RELIEF FROM SANCTIONS : DURRANT –V- CHIEF CONSTABLE OF AVON & SOMERSET CONSTABULARY

In the first relief from sanctions case to reach the Court of Appeal since Mitchell, the Court of Appeal reiterated the tough new approach which courts should taken when considering relief applications.  The Claimant brought a  claim against the Defendant and its officers for false imprisonment, assault and various other breaches of the Human Rights. […]

AMENDMENTS TO CIVIL PROCEDURE RULES COMING INTO FORCE ON THE 1st JANUARY 2014

There are new rules coming into force on the 1st  January. These mainly amend the procedure relating to defamation and the presumption of a jury trial.  However there are other minor amendments. The rules and explanatory text can be found at http://www.justice.gov.uk/courts/procedure-rules/civil/

SERVICE OF THE CLAIM FORM: MITCHELL: RELIEF FROM SANCTIONS AND A “GOOD” REASON: AND SO TO BED: A LOOK AT THE CASE LAW

  In Mitchell the Court of Appeal stated that a court should normally consider relief from sanctions in a “non-trivial” case if there were good reasons and referred to the case law relating to extending time for service of the claim form.  This case law is examined in the recent case of  Malcolm Green –v- […]

TRIAL BUNDLES: TIMING, CONTENTS AND PRESENTATION : AND DO YOU KNOW SEDLEY’S LAWS?

Amidst the Mitchell Mayhem and the high glamour and glitz of Civil Litigation at the moment I am writing a post on the mundane subject of trial bundles.  Mundane but important. The significance of bundles was highlighted in the recent post where an action was struck out because of a failure to file the trial […]