Litigation Notes
Tag: case management
Showing 48 out of 50 results
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 …
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 …
Court of Appeal sends clear message on need for strict compliance in Mitchell decision
In its decision handed down this morning in the high-profile Mitchell case, the Court of Appeal has dismissed an appeal against tough sanctions imposed …
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 finds party not in breach of "unless order" for e-disclosure as result of errors in list
In a recent decision the High Court held that a party was not in breach of an "unless order" for e-disclosure as a result of the mistaken omission of …
High Court imposes severe sanction for failure to file costs budget
Where a claimant failed to file a costs budget by the required date, the court (Master McCloud) ordered that the claimant should be treated as …
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 …
High Court makes "unless order" for disclosure citing increased emphasis on compliance
In a decision handed down last Friday, the High Court granted an extension of time to comply with a disclosure order but made an “unless order” that …
High Court refuses extension of time for service of particulars, further illustrating new strict approach to compliance
The High Court has refused an application to extend time for service of particulars of claim in circumstances where a fresh action would be time barred, …
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