Litigation Notes
Tag: relief from sanctions
Showing 44 out of 44 results
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 …
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 …