Tag Archives: Court of Appeal

QADER IN THE COURT OF APPEAL: FIXED COSTS NO LONGER APPLY TO ACTIONS ALLOCATED TO THE MULTI TRACK

Perhaps the most surprising thing about the decision of the Court of Appeal in Qadar -v- Esure [2016] EWCA Civ 1109 is the route that had to be taken to get to the result.  The Court of Appeal added, to the rules, words that (it held) the Rules Committee had left out. (Also available on […]

CFA NOT FRUSTRATED BY CAPACITY: BLANKLEY APPEAL DRAWS A BLANK FOR DEFENDANT

In Blankley -v- Central Manchester and Manchester Children’s University Hospitals NHS Trust [2015] EWCA Civ 18, where judgment was given today, the Court of Appeal upheld the first instance decision that a claimant’s subsequent incapacity does not invalidate a claimant’s conditional fee agreement THE CASE The claimant entered into a conditional fee agreement with her […]

APPEALS: STAY OF EXECUTION AND CONDITIONS IMPOSED BY APPELLATE COURT: THE RELEVANT PRINCIPLES

The fact that an appeal is made, or permission to appeal is granted, does not automatically grant a stay of execution.  The appellant has to apply for a stay and the court can grant conditions.  The law and principles governing granting conditions on appeal is summarised in the recent Court of Appeal decision Sunico -v- […]

MITCHELL CONSIDERED BY THE COURT OF APPEAL FOR A THIRD TIME: ANOTHER TWIST IN THE THEVARAJAH TALE

In the case heard today of Thevarajah –v- Riordan [2014] EWCA Civ 15the Court of Appeal reiterated the rigorous nature of the Mitchell test.  Here we look at that decision in detail and the trenchant observations made by the Court. THE THEVARAJAH CASE This case has been considered on this blog before. 1. Firstly when […]

SURVIVING MITCHELL A PRACTITIONER’S GUIDE : 1 KNOW WHAT HAPPENED IN MITCHELL AND HOW IT COULD HAVE BEEN AVOIDED

The decision in Mitchell is already having a major impact on day to day litigation. This is the first of a series of posts which looks at the Mitchell decision and deals with the practical steps that practitioner’s must take to “survive” in a post-Mitchell world.  LOOKING AT THE FACTS Although the circumstances surrounding “plebgate” […]

THE MITCHELL CRITERIA FOR RELIEF FROM SANCTIONS: A DETAILED EXAMINATION

There has been much comment about the effect of the Court of Appeal decision in Mitchell on litigation and litigators.  Here we look, in considerable detail, at the guidance given in relation to relief from sanctions and associated case law. THERE ARE TWO DIFFERENT CRITERIA One significant element of the judgment is that there are, […]

MITCHELL: 20 KEY POINTS OF JUDGMENT

The Court of Appeal gave judgment in Mitchell -v- News Group Newspapers [2013] EWCA Civ 1537 today.  The case has been much covered. The Claimant’s application for relief from sanctions was refused.  The key points of general importance are: 1. CPR 3.9. The explicit reference to need for costs to be conducted efficiently, at proportionate […]