Litigation Notes

Litigation developments: England and Wales – Quarterly update

Court of Appeal refuses relief from sanctions following breach of unless order to provide security for costs

Court of Appeal decision shows importance of applying promptly to set aside a default judgment

High Court allows last-minute application for extension of time to comply with unless order

Court of Appeal clarifies when a party in breach of a court rule or order must apply for relief from sanctions

Late amendments to statements of case: helpful guidance from the Court of Appeal

A recent Court of Appeal decision clarifies how the court should exercise its discretion in considering an application to amend that is brought late, but …

Court of Appeal decision highlights dangers of filing claim form electronically on final day for service

High Court finds defendant submitted to the jurisdiction by applying for extension of time to serve defence

The High Court has held that a defendant submitted to the jurisdiction of the English court by applying for an extension of time for service of a …

Court of Appeal refuses extension of time to plead dates of damage in claims arising out of oil spill, meaning some 28,000 claims cannot proceed

High Court refuses to validate defective service where claim form sent to wrong email address

The High Court has held that there was no good reason to validate service retrospectively, or extend time for service, where the claimant's solicitors …

High Court refuses to admit late witness evidence, applying principles for applications for relief from sanctions

In a recent decision, the High Court held that an application to admit witness evidence which had been filed and served late should be treated like an …

Split trials, supplemental statements and the need for relief from sanctions

The judgment from the pre-trial review in the long-running Tesco Litigation (a securities class action) has illustrated the need for clarity as to the …