Tag Archives: Peremptory orders

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 […]

FAILURE TO PROVIDE INFORMATION IN WITNESS STATEMENT LEADS TO APPLICATION BEING STRUCK OUT: HIGH COURT DECISION TODAY

Chief Master Marsh has had a busy day. This is the second decision today I am writing about. In  Wave Lending Ltd -v- Batra and SFM Legal Services Ltd [2016] EWHC 2238 (Ch) he considered whether a witness statement complied with a peremptory order and whether relief from sanctions should be granted. KEY POINTS The […]

PEREMPTORY ORDERS, EXTENSIONS OF TIME AND WITNESS CREDIBILITY

In Suez Fortune Investments Ltd -v- Talbot Underwriting Ltd [2016]  EWHC 1085 (Comm) Mr Justice Flaux considered an application to extend time or vary a peremptory order. “I consider that a claimant in contumelious breach of Court Orders whose claim has been struck out cannot be heard to say that it should be allowed to […]

WHEN A PARTY FAILS TO PAY INTERLOCUTORY COSTS: MAKE A PEREMPTORY ORDER

In Peak Hotels -v- Tarek Investments Ltd [2016] EWHC 690 (Ch) Mrs Justice Asplin considered the appropriate approach when a party  has failed to pay an interlocutory costs order.  There is a succinct summary of the relevant case law. “If the court is not in a position to enforce immediate interlocutory orders for the payment of […]

“IN TIME” APPLICATION TO EXTEND TIME FOR PEREMPTORY ORDER REFUSED: CLAIM STRUCK OUT

I am grateful to Charles Bagot of Hardwicke Chambers for bringing my attention to the decision in Kranniqi -v- Watford Timber Company Ltd (District Judge Parfitt 13/04/2016). It is a working example of (i)the dangers of failing to comply with a peremptory order; (ii) the difficulties in obtaining an extension of time for compliance. KEY […]

REVISITING COMPLIANCE WITH A PEREMPTORY ORDER AFTER TRIAL: LIES ARE FOUND OUT AND ACTION DISMISSED

I am grateful to Jeff Turton of Weightmans for sending me a copy of the transcript in the case of Anward -v- Severn Trent Water Ltd (13th July 2015).  Abid Anwar – Full Judgment It raises an interesting and important point on whether, if the court finds that the claimants have lied to avoid the effect […]

MONEY JUDGMENT SHOULD NOT HAVE BEEN GIVEN AFTER BREACH OF PEREMPTORY ORDER

In Rubin -v- Parsons [2016] EWHC 237 (Ch) Mr Justice Peter Smith considered the effect of breach of peremptory order in a case where the applicants were claiming much more complex relief.  It shows that a much more calibrated approach is needed to the issue of the appropriate remedy in cases where the claim is […]