Litigation Notes
Tag: jackson reforms
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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 …
Court of Appeal softens Mitchell guidance but insists no return to old culture of non-compliance
The Court of Appeal has today allowed appeals against a trio of judgments which it said did not correctly apply the well-known Mitchell …
Court of Appeal to look again at Mitchell guidance on relief from sanctions
Over the past two days the Court of Appeal has heard three appeals against judgments seeking to apply the Mitchell guidance on the new test …
Jackson LJ confirms his reforms do not require courts to refuse reasonable extensions
In a judgment handed down yesterday, Lord Justice Jackson has taken the opportunity to clarify the effect of his reforms on extensions of time: Hallam …
Parties will be able to agree extensions of up to 28 days under new "buffer rule"
The question of how case management deadlines can be extended has become more significant in light of the court's strict approach to breaches of rules …
One year from the "Big Bang": Assessing the impact of the Jackson reforms – A seminar with Mr Justice Ramsey
Herbert Smith Freehills held a client event on Tuesday 6 May to discuss how the Jackson reforms have affected commercial parties to date and what the …
High Court finds Mitchell guidelines do not apply to an in-time application to extend time
In yet another decision exploring the boundaries of the Court of Appeal's decision in Mitchell (see post), the High Court has held that the Mitchell …
Court of Appeal upholds grant of relief from sanction where no good reason for non-trivial breach
In a decision that has surprised many, the Court of Appeal has upheld a decision to grant relief from sanction for the late service of witness …
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 …
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