Category Relief from sanctions

ADJOURNMENTS, ILL HEALTH, FAIRNESS AND THE DENTON PRINCIPLES: COURT OF APPEAL UPHOLDS CASE MANAGEMENT DECISIONS

In Dove -v- London Borough of Havering [2017] EWCA Civ 156 the Court of Appeal considered a number of procedural issues prior to giving judgment on the substantive point.  The defendants argued that they should have been granted an adjournment of the trial. The judge rejected that application. The judge’s decision was upheld by the Court […]

DELAY AND NON-COMPLIANCE: ACTION STRUCK OUT: A “GAME CHANGER”

The judgment of Master Matthew in Phelps -v- Button [2016] EWHC 3185 (Ch) emphasises the dangers of delay and non compliance. “…I will observe that the Court ethos has changed enormously since the days of Lord Denning and the two Court of Appeal decisions to which I have referred. I will not say that in […]

MINISTRY OF DEFENCE REFUSED EXTENSION OF TIME TO COMPLY WITH PEREMPTORY ORDER: ORDERS ARE ORDERS

In Eaglesham -v- Ministry of Defence [2016] EWHC 3011 (QB) Mrs Justice Andrews DBE refused the defendant’s application for an extension of time for compliance with an unless order. The Defence was struck out. “A party who faces genuine difficulties in compliance with a court Order, particularly an Unless Order, should come back to the […]

HOURLY RATES, SUCCESS FEES, RELIEF FROM SANCTIONS – ALL IN ONE CASE

There is a great deal of material covered in the judgment of Master Gordon-Saker in Various Claimants -v- MGN Limited [2016] EWHC B29 (Costs). THE CASE The court was determining various preliminary issues in relation to costs in the “phone hacking” litigation. HOURLY RATES The Master found that a higher hourly rate was justified because […]

WITNESS CREDIBILITY, DELAY AND DENTON.

There is an interesting discussion of  the credibility  of witnesses in the judgment of Mr Registrar Briggs in Preston -v- Green (Liquidator of Cre8atsea Limited) [2016] EWHC 25222 (Ch). The Registrar also had to consider whether to exercise his discretion under the Denton criteria when there had been a two year delay. The Registrar also […]

HIGH COURT OVERTURNS DECISION TO GRANT RELIEF FROM SANCTIONS: NON-COMPLIANCE CANNOT AMOUNT TO “GOOD REASON”

  In Pittville Ltd -v- Hunters & Frankau Limited [2016] EWHC 2683 Mr Justice Snowden overturned the decision of a Deputy Master granting relief from sanctions.   The judgment contains an important consideration of the question of “good reasons” for non-compliance. It also contains strictures against varying earlier court orders. “What is a “good reason” […]

NO RELIEF FROM SANCTIONS WHEN COSTS BUDGET FILED LATE: THE DECISION IN DETAIL

We have looked, briefly, at the Court of Appeal decision in Jamadar -v- Bradford Teaching Hospitals NHS Trust [2016] EWCA Civ 1001. I am grateful to Aaron Vodden   of  Hempsons for sending me a copy of the transcript which has only recently become available. One interesting feature of the case was the claimant’s failure […]