Monthly Archives: November 2014

MONTHLY ROUNDUP: NOVEMBER 2014

This month has seen a large number of developments in procedure. However we have had useful posts this month on important developments in liability, evidence, damages and limitation. There is a useful guide to help with costs and costs budgeting which ties in which chamber’s new approach to working with solicitors in the costs budgeting […]

NO LIABILITY FOR DEVELOPMENT OF SENSITIVITY TO PLATINUM: GREENWAY -v- JOHNSON MATTHEY PLC

Originally posted on PERSONAL INJURY: LIABILITY AND DAMAGES:
In Greenway -v- Johnson Matthey PLC [2014] EWHC 3957 (QB) Mr Justice Jay decided that there was no claim in law for claimants whose exposure to substances at work led to their developing sensitivity to platinum. THE CASE A number of claimants had become sensitive to platinum…

RELIEF FROM SANCTIONS – PART 2 – APPLYING IN TIME

By John Collins Mitchell [2014] 1 WLR 795 and Denton [2014] 1 WLR 3926 dealt with the situation of an application out of time, that is to say when the time had expired for performance of a step dictated by a rule or by practice direction or a court order had expired.  But the further […]

The Denton 3 stage test applies where costs schedules are filed late

By Nicola Phillipson Group M v Cabinet Office [2014] EWHC 3863 (TCC), concerns the costs of an “interested party”.  The court held that this party should get their costs, but it was argued that these costs should be assessed as nil as the schedule had been served late.  It had only been served around 3 […]

The consequences of non payment of Court fees and the failure to file trial bundles – A recent case considered

 By Elliot Kay Abdulle and others v Commissioner of Police for the Metropolis Summary Despite solicitors for three claimants failing to pay the relevant court fees, failing to file a pre-trial checklist, and failing to prepare a trial bundle (which caused the trial window to be lost) it was nonetheless inappropriate to strike out the […]

Frontier Estates -v- Berwin Leighton Paisner: in time application for extension of time refused

 By Frances Lawley Parties are advised to make applications in advance of the expiry of time limits in order to avoid a breach and have the courts look more favourably on their applications. It must be remembered however that an application made in time is not necessarily bound to succeed. This was the case in […]

When a system of inspection simply isn’t enough.

By Justin Crossley Butcher –v– Southend on Sea Borough Council [2014] CA (Civ Div) 30/10/2014 is something of a novelty.  A successful tripping claim. The circumstances of the claim are as follows.  The Claimant had been visiting her parents who had lived for some years in sheltered housing owned by the Defendant.  The Claimant’s parents’ […]