Monthly Archives: June 2014

UNILATERAL DECISIONS TO VARY ORDERS WILL LEAD TO TROUBLE AND AMOUNT TO CONTEMPT: PARATUS AMC EXAMINED

The case of Paratus AMC Ltd -v- Lewis [2014] EWHC 1577 (Ch) has been placed on Bailli following an order by the judge to highlight an issue of contempt of court. As such it clearly requires wider publication. It also contains important lessons about compliance.  THE FACTS The claimant was ordered to pay £181,461.46, into court, […]

FIRST ANNIVERSARY OF CIVIL LITIGATION BRIEF (OR CONFESSIONS OF A RELUCTANT BLOGGER)

Today marks the first anniversary of the setting up of this blog, tomorrow marks the anniversary of the first post. It gives an opportunity to recap (and reminisce).  CIVIL PROCEDURE IN JUNE 2013 When the blog started civil procedure was a slightly obscure subject. Litigators had to know about limitation, service of the claim form […]

GIVING EVIDENCE CAN BE A GRIZZLY BUSINESS: HOW DO THE COURTS ASSESS WHOSE ACCOUNT IS CORRECT?

In Grizzly Business Ltd -v- Stena Drilling Ltd [2014] EWHC 1920 (Comm) a judge had to decide between two competing versions of what was said in a telephone call three years earlier in a case when $2.5 million was at stake. The case provides an example of how the courts assess oral evidence. THE DISPUTE […]

NO RELIEF FROM SANCTIONS AFTER APPELLANT FAILED TO FILE TRANSCRIPTS ON TIME.

In  Patterson -v- Spencer [2014] EWHC 1878 (Ch) Henry Carr QC (sitting as a High Court Judge) refused an appellant’s application for relief from sanctions after she failed to file transcripts of the initial hearing. THE FACTS One of the defendants, acting in person,  appealed an order that they be debarred from defending a claim brought […]

ANOTHER CASE WHERE PARTY REFUSED RELIEF FROM SANCTIONS FOLLOWING LATE SERVICE OF WITNESS STATEMENT

The case of Swinden -v- Grima (Nicol J) 18/06/2014 is briefly reported on Lawtel (20th June). It is another example of the court refusing permission to serve witness statements late. THE FACTS The defendant served a witness statement on the 23rd December 2013 in relation to a trial that was due to take place on […]

MORE ABOUT SETTING ASIDE JUDGMENT AND CPR 3.9: NEWLAND -v- TOBA CONSIDERED

The question of whether CPR 3.9 and the Mitchell criteria apply to applications to have judgment set aside is an issue that has been considered several times on this blog. In a decision yesterday Newland -v- Trading FZC (& other) [2014] EWHC 1986 (Comm) Mr Justice Males was clear that CPR 3.9 applies to applications […]

RELIEF FROM SANCTIONS FOLLOWING LATE FAILURE TO SERVE WITNESS STATEMENT: ONE OUT OF THREE MAY NOT BE ENOUGH

In Cranford Community College -v- Cranford College Ltd (16/06/2014 IPEC Judge Hacon) the court granted relief from sanctions following late service of a witness statement. (The case was reported on Lawtel on the 18th June 2014). THE FACTS The action was a passing off action. The date for exchange of witness statement was varied by […]