Monthly Archives: February 2014

CIVIL PROCEDURE AND THE SECRET STATE: HOW FAR CAN IT GO?

Yesterday I wrote of problems when the court was refusing to issue proceedings alleging (wrongly) that they were statute barred.  It is becoming frightening that important issues of law are being made (or purportedly made) by administrators.  This led to a response in the comment section which is equally frightening.  It requires wider publicity. THE […]

TROUBLES WITH THE COURT: REFUSING TO ISSUE AND STRIKING OUT BECAUSE OF ALLEGED LIMITATION ISSUES: MORE EXAMPLES AND CASE LAW THAT MAY HELP

Hot on the heels of the complaint about the court wrongfully striking out an action came another, remarkable story about the court refusing to issue proceedings because of alleged limitation issues. THE REMARKABLE STORY Here it is in its original form. “Nothing new. Infant case. Issued at about 3 years post accident. Well within limitation […]

HEAD TURNING, NAVIGATION AND MITCHELL PART 2: A CLOSER EXAMINATION OF SUMMIT NAVIGATION

I set out the main part of the judgment of Leggatt J in Summit Navigation Ltd –v- Generali Romani [2014] EWHC (Comm) yesterday.  Here I look at the salient parts of the judgment and highlight the very real dilemma that this case, and the “Mitchell” principles generally, create for litigators. THE “MITCHELL DILEMMA” I have […]

“STANDING MITCHELL ON ITS HEAD”: YOU SHOULDN’T EVEN BE TAKING THE POINT SAYS HIGH COURT JUDGE: WHY LITIGATORS ARE LIVING WITH THE MITCHELL DILEMMA

Some of the (repeatable) epithets used to describe the consequence of the Mitchell judgment are “mayhem” “madness” and “mess”. In  Summit Navigation Ltd-v- Generalia Romonia [2014] EWHC 398 (Comm) Mr Justice Legatt was critical of a party who took a “Mitchell” point in relation to the late provision of security. A bond of security, due […]

RELIEF FROM SANCTIONS GRANTED FOLLOWING LATE SERVICE OF WITNESS STATEMENTS: CHARTWELL MAY BODE WELL IN SOME CASES

The case of Chartwell Estate Agents –v- Fergies Properties Ltd (QBD Globe J 18/02/2014) is reported in brief on Lawtel this morning. It is an example of the court granting relief from sanctions following late service of witness statements.  This post is based on the Lawtel summary (I have requested a full copy of the […]

DELAYING SERVICE OF THE CLAIM FORM: “DICING WITH PROCEDURAL DEATH”: ANOTHER EXAMPLE OF A CLAIMANT BUILDING PROBLEMS FOR ITSELF

There are real dangers in leaving service of the claim form until the last moment. The Lincolnshire case considered here exemplifies the problems.   . The judge pulled no punches in relation to the risks being run by those who fail to serve promptly and properly.  The case further highlights the dangers of making, and […]

HAVE YOU BEEN “MITCHELLED”? THE PROBLEMS OF WITHOUT NOTICE ORDERS: A WORKING EXAMPLE

I am grateful to Simon Baskind from Cohen Cramer solicitors in Leeds for the following account of a “Mitchell” problem. ACTION STRUCK OUT BY THE COURT FOR NO GOOD REASON “I know we are all probably suffering from Mitchell overload but here’s another wonderful story to cheer us all up. In my 35 years odd […]