Litigation Notes
Tag: jackson reforms
Showing 48 out of 94 results
Costs budgeting to be extended to cases below £10 million in all courts
The current exceptions to the mandatory costs budgeting regime are set to be replaced by an exception for claims of over £10 million across all …
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 …
High Court applies new express powers to limit witness evidence
In what appears to be the first High Court decision applying the court's new express powers to limit factual witness evidence, the court has restricted …
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 comments on "obvious case" for departing from costs budget
In ordering a defendant to make an interim payment on account of the successful claimant's costs, the High Court has awarded a sum considerably higher …
High Court declines to approve parties' costs budgets, describing them as disproportionate and unreasonable
The High Court has declined to make a costs management order, saying that both parties' budgets were disproportionate and unreasonable but the court had …
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 …
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