Monthly Archives: April 2014

WHAT DIFFERENCE DOES IT MAKE? – ‘Mitchell’ criteria do not apply to ‘in-time’ applications to extend time

 Andrew Wilson In an important ‘post-Mitchell’ decision, the High Court in Kaneria v Kaneria [2014] EWHC 1165* has emphasised the importance of parties who cannot comply with deadlines applying for an extension before the deadline expires. Crucially, in such cases, the relief from sanctions provisions and ‘Mitchell’ criteria do not apply. The case concerned an […]

RELIEF FROM SANCTION – ANOTHER ONE FOR THE “RELIEF GRANTED” FILE

 Bronia Hartley Wain v. Glos CC (1) Atkins (2) Glos Highways (3) Teasdale (4) [2014] EWHC 1274 (TCC) [Before His Honour Judge David Grant sitting as a High court Judge] In this case the fourth defendant was one day late in filing her costs budget, thus instead of having been served seven clear days before […]

An unusual case? – Relief from sanction upheld by the Court of Appeal

 Simon Ross Chartwell Estate Agents Limited –v- (1) Fergies Properties SA (2) Hyam Lehrer [2014] EWCA Civ 506 – Decision on 16th April 2014. The application for relief from sanction concerned a failure to serve witness statements in time. The relevant court direction had provided that there be “simultaneous exchange of such statements by no […]

Blowing the Budget – An Early Warning

  Colin Richmond KIM MURRAY (1) JEAN STOKES (2) V NEIL DOWLMAN ARCHITECTURE LTD [2013] EWHC 872 (TCC) The Costs Management Rules, now set out at Section II of CPR 3, will apply to the majority of multi-track cases issued on or after 1st April 2013. By way of explanation of the purpose of costs […]

Gordon Exall to speak at The Association of Costs Lawyers Conference

The Head of our Personal Injury team, Gordon Exall will be joining other ‘costs luminaries’ speaking at the ACL Conference in London on the 9th and 10th May. The conference will give delegates the opportunity to listen to a wide range of speakers from judicial, the best of the Bar and Cost Lawyers who will […]

HILLSBOROUGH AND CAUSATION OF DAMAGES

 John Collins The terrible events in the Hillsborough Stadium, now 25 or more years ago, are still with us, as the renewed inquests rehearse the drama of that tragedy. It is still with us in the civil law of personal injuries. Some might say that its impact on that law has also led to untoward […]

REASON TO RESUME ITS SEAT? THE INTRODUCTION OF AGREED EXTENSIONS

 Justin Crossley An amendment is to be made to the Civil Procedure Rules which will allow parties to agree extensions of up to 28 days for the service of certain documents, without the need to make an application to the Court. Following a recent Civil Justice Council Conference which considered the impact of the Jackson […]