Category Relief from sanctions

IF THE DEFENCE IS FILED LATE THE CLAIMANT IS STILL ENTITLED TO DEFAULT JUDGMENT: TWO POINTS TO WATCH

The decision of Deputy Master Pickering in Billington -v- Davies [2016] EWHC 1919 (Ch) illustrates two important principles that are often overlooked. A claimant that has applied for default judgment in default of defence is still entitled to default judgment even if the defence is filed between the date of the application and the date […]

DELAY AND SETTING ASIDE DEFAULT JUDGMENT: BALD ASSERTIONS IN AN EXPERT’S REPORT

The result in Gahir -v- Bansal [2016] EWHC 2041 (QB) (Sir David Eady) is perhaps surprising given the strength of the judge’s observations as to the defendant’s conduct. Despite major unjustified delay an application to set aside a default judgment was successful. One important factor was the somewhat sparse reasoning in an expert report which […]

FAILING TO FILE A COST BUDGET AND REFUSAL TO GRANT RELIEF FROM SANCTIONS: A HARSH LESSON

If a litigation solicitor is ever given the job of designing wallpaper here are the three key things that should form the recurring motif. The costs budget is due 21 days before the first case management conference. Where the claim is under £50,000 the costs budget has to be filed with the directions questionnaires. If […]

COSTS BUDGETING – THE KEY DATES: A QUICK REMINDER TO AVOID A SHARP (BUT NOT NECESSARILY SHORT) SHOCK

You would think that everyone involved in litigation would know that new rules as to cost budgeting came into force on the 6th April 2016. However, judging from some of the blank (and worried) looks I have seen recently when this has been mentioned, this may not be the case.  Since the cases where the […]

DEFAULT JUDGMENT ON COUNTERCLAIM NOT SET ASIDE – AN OBJECT LESSON IN STAYING AWAKE IN LITIGATION

The decision of Master Matthews today in Goldcrest Distribution Ltd -v- McCole [2016] EWHC 1571 (Ch) provides an object lesson in the need to stay awake to procedural issues throughout litigation. The claimant had a default judgment on a counterclaim entered against them.   The judge refused to set it aside. Consequently the whole of […]

PROVING THINGS 23: SERVING IMPORTANT EVIDENCE LATE

It is surprising how many posts there are on this blog which deal with the late service of witness evidence.  This is an issue that occurs across the whole spectrum of civil procedure.  The question arose again in the judgment today of Mrs Justice Proudman in Ingram -v- Ahmed [2016] EWHC 1536 (Ch).  This case […]

CLAIMANT ALLOWED TO RELY ON WITNESS EVIDENCE SERVED DURING TRIAL

Yesterday I looked at a case where a defendant was refused permission to rely upon a witness statement served late,96 although it was served before trial. Today we look at a case where a claimant was given permission to rely on witness evidence served during the course of a trial.  This highlights how fact specific […]