Monthly Archives: July 2014

THERE ARE DANGERS IF YOU ARE LEAVING THE ISSUE OF COSTS TO THE JUDGE: IN ANY EVENT BE QUICK AND BE CHEAP!

There are limited number of cases where the parties can agree everything except who should pay the costs.  There are dangers in leaving the question of costs to the judge, as the case of  Spiller -v- Derhalli [2014] 2548 (EWHC) (TCC) shows an applicant for costs can come unstuck.  Further if this procedure is adopted […]

WITHOUT NOTICE APPLICATIONS FOR FREEZING ORDERS: THE DANGERS ABOUND: GREENWICH CASES CONTAINS SOME TIMELY LESSONS

I have written before of the dangers involved in making without notice applications, particularly for freezing orders (“nuclear weapons that can blow up in  your face“).  There is an extremely high duty on the applicant to disclose all relevant matters to the court.  Another example of problems occurring is shown in the judgment of Peter […]

CASE MANAGEMENT AFTER DENTON: DIRECTIONS AND COURT ORDERS SHOULD BE “REALISTIC AND ACHIEVABLE”

Most of the articles about the Denton case focus upon the relief from sanctions and “clarification” of the principles in Mitchell.  However the Court of Appeal made it clear that part of the focus of case management should be to avoid default . This is done by making realistic directions at the outset. WHAT WAS […]

DENTON: THE DISSENTING JUDGMENT OF JACKSON L.J. CONSIDERED

In the hundreds of articles, blogs and commentaries on the decision in Denton the “dissenting” judgment is barely mentioned or considered.  Whilst all three members of the court were in agreement that each of the appeals should be allowed there was a disagreement in relation to the emphasis that should be placed on the individual […]

PRECEDENT H AND COSTS BUDGETING: NEW LINKS AND OLD LINKS

There are several posts on this blog which link to guides, articles and assistance on costs budgeting and Precedent H.  Here there are several more recent links. The Construction of a Costs Budget is particularly instructive PREVIOUS POSTS One of the most popular posts on the blog is On-line guidance to filling in Form H Further […]

WHAT IS MEANT BY “SERIOUS AND SIGNIFICANT”? THE COURT CONCENTRATES MUCH MORE UPON THE EFFECT OF THE BREACH RATHER THAN THE BREACH ITSELF

In Denton -v- White;  [2014] EWCA Civ 906. the Court of Appeal eschewed the use of the word “trivial” where a court is considering an application for relief from sanctions.  Instead the Court stated that the focus should be on whether the breach is “serious or significant”.  Here we take a closer look at those concepts. […]

AMENDING PLEADINGS: HAS THE LIMITATION PERIOD EXPIRED? WHERE DOES THE BURDEN OF PROOF LIE?

The Court of Appeal decision today in Mercer -v- Ballinger [2014] EWCA Civ 996 may appear to be an issue of esoteric civil procedure.  However the decision is an important one with far-ranging  practical consequences for a party seeking to amend its statements of case where there is an issue as to whether the limitation […]

MITCHELL NOT EXTENDED TO ADMINISTRATIVE LAW: AN ISSUE FOR ANOTHER DAY

In R (Abbas Mohammadi -v- Secretary of State for the Home Department [2014] EWHC 2251 (Admin)the court did not decide the issue of whether “Mitchell” principles applied to applications for judicial review. THE FACTS The applicant was seeking judicial review of a decision of the Asylum and Immigration Tribunal. The Secretary of State filed grounds of […]

CIVIL PROCEDURE – HOW IT SHOULD BE DONE: A DESCRIPTION OF HOW THE ASBESTOS COURT WORKS

Anyone want to see a description of a civil procedure system running smoothly then read Master McCloud’s description of the “asbestos disease court” in her judgment in Yates -v- Commissioners for Her Majesty’s Revenue & Customs [2014] EWCH 2311 (QB). The issue in the case related to the disclosure by HMRC of employment records but […]

BUNDLES, APPEALS AND THE ART OF ADVOCACY: ARE POOR BUNDLES LETTING DOWN YOUR CASE?

The recent post on Caldero Trading -v- Leibson [2014] EWCA Civ 935 included the Court of Appeal’s criticism of the voluminous bundles prepared in that case.  The trial bundle is often neglected as a tool for advocacy. THIS DOES MEAN THAT A BUNDLE SHOULD BE ADVERSARIAL? Exactly the opposite. A trial,, application or appeal bundle should be […]