piBlawg

the personal injury and clinical negligence blog

A collaboration between Rebmark Legal Solutions and 1 Chancery Lane

CPR change - permission for extensions of time to be agreed

The Civil Procedure Rules Committee will approve a new ‘buffer’ measure at its next meeting, in a few weeks’ time (see www.lawgazette.co.uk/practice/buffer-rule-to-relieve-mitchell-pressure-on-courts/5040518.article).  The rule will permit parties to agree time extensions of up to 28 days for serving certain documents, without needing to make an application to the court. I... [More]

What's trivial?

    There are an increasing number of reported cases about breaches that can be characterised as “trivial” and thus meriting relief from sanctions without the need to show a “good reason”, providing the application was made promptly. One example is Adlington – referred to in a blog posting on 10th February.   Hamblen J considered this issue very rece... [More]

Two Recent CFA Cases: Effect of a Failure to Serve a Notice of Funding and Powers of the Ombudsman

There have been two recent decisions concerning Conditional Fee Agreements which should be of interest to any practitioner practising in any area of the law where such funding arrangements are prevalent.   The first is Harrision & Anor v Black Horse (20/12/13, Sen Cts Office per Maser Gordon-Saker), where the strict application of the Mitchell judgment was applied to a case where relief w... [More]

Relief from sanctions – le plus ça change?

As noted in previous blog entries, post April judges have been encouraged to take a much firmer line with applications for relief from sanctions – see for example Venulum Property Investments Ltd v Space Architecture Ltd [2013[ EWHC 1242 (TCC); Thevarajah and others v Riordan and others (9/08/13). However, Rayyan Al Iraq Co Ltd v Trans Victory Marine Inc (23/8/13) provides a useful counter... [More]

Court of Appeal tightens up on relief from sanctions

Jackson LJ considered case management decisions in his report on costs in civil litigation. He said:-   "...courts at all levels have become too tolerant of delays and non-compliance with orders. In so doing they have lost sight of the damage which the culture of delay and non-compliance is inflicting on the civil justice system. The balance therefore needs to be redressed."  Earlier th... [More]