Monthly Archives: July 2014

WHAT CAN THE DEFENDANT ARGUE ABOUT DAMAGES AFTER A DEFAULT JUDGMENT 2: A CLINICAL NEGLIGENCE CASE

We have looked before at the question of what a defendant can argue in relation to damages after a judgment has been entered. A case reported today examines this issue in relation to judgment in a clinical negligence action. SYMES -V- ST GEORGE’S HEALTHCARE NHS TRUST Symes -v- St Georges [2014] EWHC 2505 (QB) was a […]

POST DENTON RELIEF FROM SANCTIONS APPEAL IN THE HIGH COURT: RELIEF FROM SANCTIONS GRANTED: “UNREASONABLE” DEFENDANT ORDERED TO PAY COSTS

I am grateful to Ashley Pratt of St James Chambers for his note of the decision of Mr Justice King in Johnson -v- Bourne Leisure on the 21st July 2014. King J granted relief from sanctions and allowed an appeal from the Circuit Judge after witness statements were served late. Further the defendants (the respondents to the […]

CLAIM FORMS: DECLARATION THAT STEPS TAKEN CONSTITUTE GOOD SERVICE: NEW HIGH COURT CASE CONSIDERED

There is a brief report on Lawtel of the decision in Tanweer T/A the Auto Service Centre -v- UK Insurance  & National Insurance & Guarantee Corp (Judge Mackie QC) QBD Merc 18/07/2014.  The case is briefly reported and I hope to review the entire transcript soon. THE FACTS A letter to the first defendant stating […]

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 […]