Category Limitation

DRAFTING A SCHEDULE OF DAMAGES: BETTER READ THIS: WORKS OF FICTION ARE NEVER GOING TO HELP

When drafting a Schedule of Damages it is wise to remember that it may well come under close scrutiny. The temptation to “draft high” is always present; however it can cause irredeemable harm.  Everyone who drafts schedules should read the judgment of Mr Justice Langstaff in F and S -v- TH [2016] EWHC 1605 (QB). […]

FAILURE TO PAY THE CORRECT COURT FEE DOES NOT LEAD TO STRIKING OUT OF AN ACTION

The decision in  Lewis -v- Ward Hadaway [2015] EWHC 3503 (Ch)  has led to considerable interest (and it has to be said) some hyperbole and opportunistic applications. The case is often misunderstood. In Bhatti -v- Ashghar [2016] EWHC 1049 (QB) Mr Justice Warby refused to strike out a case where the incorrect court fee had […]

MORE ABOUT SERVICE OF THE CLAIM FORM: GOOD REASONS, DELAY AND A FAILURE TO PAY THE PROPER COURT FEES

In TMT Asia LImited -v- BHP Billiton Marketing AG [2016] EWHC 287 (Ch) Mr Justice Burton considered several issues relating to late service of the claim form and failure to pay the correct court fee. KEY POINTS The defendant’s application to set aside service was granted when the claimant had been granted two extensions of […]

SECTION 33: CERTAIN FALLACIES DISPLACED

Each application under s.33 of the Limitation Act 1980 is, of course, unique. It is interesting, however to examine the decision of Her Honour Judge Walden Smith (sitting as a High Court judge) in Sanderson -v- City of Bradford City Council [2016] EWHC 527 (QB). Not least it eliminates one, still widely peddled, fallacy about […]

ORDERING A SPLIT TRIAL ON PRELIMINARY ISSUES: A CAUTIONARY TALE

In Larkfleet -v- Allison Homes Eastern Limited [2016] EWHC 195 (TCC) Mr Justice Fraser made some important observations about the need for total clarity when a court orders the trial of a preliminary issue of law. ‘Preliminary points of law are too often treacherous short cuts’. The dangers are all the greater where, as here, […]

LIMITATION, PAIN AND ANGUISH: A GENTLE REMINDER ABOUT NEW YEAR’S RESOLUTIONS (1)

Most New Year’s resolutions last 24 days. In an effort to keep litigators on board for the whole of the year in relation to the Resolutions for Litigators for 2016  I am doing a series of short reminders about the essential points. Together with incentives. RESOLUTION NUMBER 1: KNOW (DON’T GUESS) ABOUT THE LIMITATION PERIOD […]

THE DANGERS OF NOT PAYING THE CORRECT COURT FEE: CASES BARRED BY LIMITATION BECAUSE WRONG COURT FEE WAS PAID

In Richard Lewis & Others -v- Ward Hadaway [2015] EWHC 3503 (Ch) Mr John Male QC   summary judgment was given for the defendants on the grounds that a deliberate decision to pay an incorrect court fee on issue meant that proceedings were not properly issued and the actions were statute barred. “In my judgment, […]