Monthly Archives: May 2014

Jackson in the CA: – That’s not what I meant

 Nicola Phillipson In Hallam Estates Ltd v Baker[2014] EWCA Civ 66, Jackson LJ sitting in the Court of Appeal gave guidance as to when parties should agree extensions of time, and approved Kaneria – “in time” applications are not relief from sanctions, and the Mitchell criteria does not apply. The paying party (“PP”) requested an […]

BMA Takes Scalpel to Saatchi Bill

Justin Crossley The British Medical Association has expressed concerns regarding proposed legislation which seeks to redefine the test for negligence when practitioners undertake medical treatment in certain circumstances. The Medical Innovation Bill, also referred to as the “Saatchi Bill” (thanks to it being championed by Lord Maurice Saatchi), is intended, in its own words, “to […]

QOCS, CPR 44.16, AND FUNDAMENTAL DISHONESTY (CPR r44.16)

Kate McKinlay Gosling v Screwfix and Anr – (unreported, Cambridge County Court, 29th March 2014) Beware rule 44.16 in cases where fraud/dishonesty/ exaggeration is alleged. In this case Mr Gosling lost his claim for personal injury. Although his claim was issued pre-April April 2013, there being nothing in the rules to prevent him doing so, […]

Service by email deemed valid where no agreement made. The effect of r.3.10.

Joanna Hastie –   Integral Petroleum SA  -v- SCU Finanz SA [2014] EWHC 702 (Comm) Background Facts This case involves two Swiss companies who had entered into an oil trading agreement. The buying company (C) commenced proceedings in the Commercial Court against the selling company (D) for failure to deliver.

Part 36 Offers: Back to Basics

Elliot Kay Saigol v Thorney (t/a Thorney Motorsport) [2014] EWCA Civ 556 Introduction This case concerns the costs consequences of an offer which purports to be made within the terms of Part 36 but in fact fails to meet the requisite criteria. Their Lordships held that an offer of settlement which does not fall within […]

NO DUTY OF CARE OWED BY OCCUPIER TO CONTRACTOR – JAMIE ALEXANDER YATES V NATIONAL TRUST [2014] EWHC 222 (QB)

By Colin Richmond Judgment In this case Mr Justice Nichol held that an occupier was not liable when a tree surgeon suffered serious injury whilst felling a tree. A significant part of the judgment related to whether or not a duty of care was owed. The Facts The Defendant, N, engaged the Claimant, J, to […]

THE WRATH OF MITCHELL CONTINUES

– THE EFFECT OF 2 TRIVIAL BREACHES ON AN APPLICATION FOR RELIEF FROM SANCTIONS by Catherine Duffy In Utilise TDS LTD v Neil Cranstoun Davies [2014]EWHX 834 (Ch) the High Court considered whether a 2nd trivial breach of a court order could result in the 1st trivial breach being viewed as non-trivial, justifying the refusal […]