Litigation Notes
Tag: case management
Showing 24 out of 50 results
Supreme Court decision confirms second attempt at relief from sanctions will be uphill battle
The Supreme Court has upheld the Court of Appeal's decision overturning the grant of a second application for relief from sanctions for failure to …
Court of Appeal underlines high hurdle to overturn decisions re strike out or relief from sanctions
The Court of Appeal has dismissed an appeal against a High Court decision refusing to strike out a claim for procedural failures even though, in the …
Relief from sanctions: how far has the pendulum swung back?
In recent months we have seen a number of decisions which show a greater willingness to grant relief from sanctions for breaches of rules and …
Party in breach of unless order for disclosure due to failures in OCR process
The High Court has held that claimant liquidators were in breach of an "unless order" for disclosure where the low quality of OCR copies of scanned …
Establishing "good reason" for breach of order following change of solicitors may require waiver of privilege
The High Court has extended a witness statement deadline, where a party was in breach of the previous timetable, but refused to vacate …
Court of Appeal finds clear breach of unless order for e-disclosure
The Court of Appeal has held that claimant liquidators were in breach of an "unless order" for e-disclosure, overturning the High Court's …
Court of Appeal decision underlines dangers of delay in filing notice of appeal
The Court of Appeal has confirmed that the courts will apply the same rigorous approach to a retrospective application to extend time for filing a …
UK Supreme Court: merits generally irrelevant to enforcement of case management directions
In a judgment given yesterday (26 November) the majority of the Supreme Court has expressed the view that the strength of a party's case on the …
Compliance with court rules and orders post-Denton: where are we now?
In its high-profile Mitchell decision last November, the Court of Appeal introduced tough new guidance on the court's …
Article published on recent clarification of Mitchell guidance on relief from sanctions
The Court of Appeal's decision in the high-profile Mitchell "plebgate" case last November introduced tough new guidance on the approach …
High Court considers relevance of Mitchell to late application to challenge jurisdiction
A deputy judge has held that deemed submission to the jurisdiction by failing to challenge jurisdiction on time is not a sanction, so no question of …
Upcoming webinar - Compliance with court rules and orders post-Mitchell: Guidance for in-house lawyers
On Wednesday 16 July 12.45 – 1.45pm BST Chris Bushell, Gregg Rowan and Maura McIntosh will deliver a webinar for Herbert Smith …
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