Tag Archives: Sanctions

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 […]

CPR 3.10 STOPS A CLAIM FROM SINKING: USING THE WRONG FORM NOT FATAL TO AN ACTION

In LD Commodities Rice Merchandising LLC -v- The Owners and/or Charterers of the Vessel Styliani Z [2015 ] EWHC 3060 (Admlty) Mr Justice Teare considered a case where the claimant used the wrong form to issue an action, this could have had major, and devastating, consequences. The judge considered the provisions of CPR 3.10 and […]

CIVIL LITIGATION BRIEF 20 YEARS AGO: ANY LESSONS FOR TODAY?

I doubt whether anyone knew what a “blog” was 20 years ago. However at that time Civil Litigation Brief was a monthly column in the Solicitors Journal.  It is interesting to see how much (or how little) matters have moved on in the world of civil procedure. THE AUTOMATIC STRIKING OUT PANTOMIME For several years […]

POST MITCHELL PRE-DENTON RELIEF FROM SANCTIONS APPEAL: MITCHELL PRINCIPLES WERE NOT HERE TO STAY

The appeal in Michael Wilson & Partners Ltd -v- Sinclair [2015] EWCA Civ 774 involves the Court of Appeal considering the Mitchell/Denton divide. KEY POINTS The Court overturned a decision, made post-Mitchell but prior to Denton, where a judge refused to lift a stay. A stay is different to an order striking out an action. […]

TALK ON SANCTIONS AND HOW TO AVOID THEM: LEEDS 23rd OCTOBER 2014

I am taking part in the Costs and Litigation Funding Update organised by Clarion solicitors and K2 Legal Support in Leeds on the 23rd October 2014. I am  talking on “sanctions and how to avoid them” .Other speakers are dealing with costs budgets; ATE insurance after Jackson; tackling electronic data and costs and funding developments. […]

FAILURE TO COMPLY WITH AN ORDER FOR E-DISCLOSURE: DECISION THAT A PARTY HAD COMPLIED OVERTURNED IN THE COURT OF APPEAL

The first instance decision in  Smailes -v- McNally (Re Atrium Training Service) [2013] EWHC 2882 (Ch) was looked at in detail in a previous post in October last year.  It is worth noting that the Court of Appeal have overturned the judge’s decision that the liquidator’s had complied with the terms of a peremptory order. (This […]

PROPORTIONATE PENALTY FOR BREACH OF DISCLOSURE OBLIGATIONS: THE AMERICAN APPROACH: MAKE A VIDEO

One of the comments in Denton was that a “strict” construction of Mitchell led to disproportionate results.  A judgment reported this week in Above the Law provides an example of how a judge can attempt to remedy continuous defaults. THE ISSUE: OVERZEALOUS “LITIGATION INDUSTRY” Judge Mark Bennett was disgruntled with the approach of  litigators to disclosure. […]