Tag Archives: Mitchell

EXTENSIONS OF TIME TO FILE NOTICES OF APPEAL AND RELIEF FROM SANCTIONS: R (on the application of DINJAN HYSAJ) v Secretary of State for The Home Department: Fathollahipour v Aliabadibenisi: May v Robsinson [2014] EWCA Civ 1633

By Ruwena Khan CPR r.3.9 rears its growling head again…but a more robust approach, nevertheless, should not be taken as encouragement to refuse reasonable extensions of time or to seek tactical advantage in every minor default. The Court of Appeal has ruled that extensions of time to file notices of appeal under CPR r.3.1(2)(a) had […]

Failure to file LQ – Relief from sanctions refused

By Nicola Phillipson British Gas Trading Ltd v Oak Cash & Carry Ltd [2014] EWHC 4058 (QB) 5th December 2014 Relief from sanctions refused where a failure to file the LQ in breach of an unless order led to the loss of the trial date.  Although the Defendant applied for relief from sanctions, there was […]

Instruction of experts under CPR 35 in the age of Mitchell and Denton.

 By Jonathan Holsgrove The 1st December 2014 saw the way experts are instructed under CPR 35 change with the implementation of new guidance from the Civil Justice Council.  The guidance, published earlier this year, replaces the protocol for the instruction of experts contained in the Practice Direction to CPR 35.  It offers guidance to experts […]

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 […]

APPLICATIONS TO EXTEND TIME TO SERVE A RESPONDENT’S NOTICE – MITCHELL PRINCIPLES APPLY

 By Bronia Hartley Altomart Ltd v Salford Estates (No.2) Ltd [2014] EWCA Civ 1408 Under CPR r.52.5(4) and (5), a respondent who is seeking permission to appeal from the appeal court or wishes to ask the appeal court to uphold the order of the lower court for reasons different from or additional to those given […]

RELIEF FROM SANCTIONS – WATCH IT!

 By John M Collins  After the turbulence of the past year, provoked primarily by the Mitchell case [2014] 1WLR 795, we all surely know about relief from sanctions – but do we?