Tag Archives: Nicola Phillipson

Applications to allow service of Claim Form by alternative method/place – Explain your “Good Reason”

By Nicola Phillipson Dunbar Assets v BCP Premier [2014] EWCA 10 (Ch) but query wheteher this should be [2015] EWCA 10 (Ch) The principles to apply when considering whether to allow an application under 6.15 (service of the CF by alternative method or at an alternative place).  The evidence in support must explain the failure to […]

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 […]

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 […]

It’s Mitchell, but not as we know it.

 By Nicola Phillipson In the conjoined appeals of Denton v TH White Ltd; Decadent Vapours v Bevan; Utilise TDS v Davies [2014] EWCA Civ 906, handed down on Friday, the Mitchell Guidance for 3.9 applications was clarified and amplified.

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 […]

Breaches not trivial – but strike out would be disproportionate

 Nicola Phillipson McTear v Englehard [2014] EWHC 722 (Ch) 14th March 2014 The Defendants were in breach of Orders re: witness statements and disclosure, and had sought to adduce expert evidence without leave, all 3 weeks before trial. Their (not prompt) applications to extend time/obtain relief were (unsurprisingly) refused, but it was held that it […]

Comply in full or risk your breach helping your defaulting opponent

 Nicola Phillipson Chartwell Estate Agents v Fergies Properties & Another [2014] EWHC 438 In an application by the Claimant for relief from sanctions in relation to late service of witness statements, permission given to both sides to serve out of time when fault found on both sides.  Durrant and M A Lloyd distinguished.  Appeal outstanding. […]