All blog posts
Showing 60 out of 66 results
How the courts are applying Mitchell
In the four and a half months since the Court of Appeal's decision in Mitchell, there has been a continued flood of judgments in which the courts have …
Commercial Court bypasses Mitchell in treating service of particulars as valid despite errors of procedure
In what may be seen as a surprising decision, the Commercial Court has treated service of particulars of claim on the defendant's lawyer by e-mail …
Commercial Court "driven" to strike out claim despite view that such a sanction was unjust and disproportionate
The Commercial Court has, with obvious reluctance, struck out a claim on the basis that the claimant was 20 days late in serving particulars of …
Commercial Court seeks to discourage tactical use of Mitchell
In a recent decision the Commercial Court penalised the defendants in costs for seeking to rely on Mitchell to turn to their tactical advantage the …
Another High Court decision that party not in breach of "unless order" for disclosure due to defects in list
For the second time in recent months, the High Court has held that parties to litigation were not in breach of an “unless order” to give …
Article published: "Mitchell and its aftermath: getting tough on compliance"
James Farrell and Maura McIntosh have published an article in PLC Magazine which considers the courts' tough new stance on compliance with …
High Court finds damages not an inadequate remedy due to contractual limitation clause and refuses interim injunction
The High Court has refused to grant an interim injunction, holding on the basis of prior authority that a limitation clause excluding certain heads of …
Court of Appeal overturns order granting "second bite at the cherry"
The Court of Appeal has overturned an order granting a second application for relief from sanctions for failure to comply with an unless order, with the …
Court of Appeal applies Mitchell guidance and finds defendant cannot rely on witness evidence served late
The Court of Appeal has held that a defendant Chief Constable's late service of witness statements meant that it could not rely on …
High Court decision highlights continuing tension between procedural strictness and justice of the case
The High Court has granted a second application for relief from sanctions for failure to comply with an unless order, reinstating a defence that had …
High Court grants relief from sanctions following errors in compliance with "unless order"
The High Court has granted a defendant relief from the sanction of striking out its defence following errors in compliance with an "unless order" to give …
"A treacherous short cut?": article published by Herbert Smith Freehills associate on the pitfalls of preliminary issues
The determination of issues at an early stage in litigation by way of a preliminary issues hearing is a common, and sometimes very effective, case …
Showing 60 out of 66 results
View moreKey contacts
Alan Watts
Partner, Head of Class Actions, UK and EMEA, London
Maura McIntosh
Knowledge Counsel, London
Tracey Lattimer
Knowledge Lawyer, London
Camilla Macpherson
Knowledge Lawyer, London