the professional negligence blog

A collaboration between Rebmark Legal Solutions and 1 Chancery Lane

Relief From Sanctions - The Pendulum Swings

    Two decisions delivered shortly before Easter suggest a change in the direction of the Mitchell pendulum. Chartwell Estate Agents Ltd v Fergies Properties SA [2014] EWCA Civ 506 is a "must read" decision of the Court of Appeal. It concerns the failure to exchange witness statements. Both parties had failed to serve witness statements whilst a squabble about disclosure rumbled on... [More]

Equity Jurisidction of the County Court increased.

Ian Miller of this parish has already blogged about the creation of the “new” County Court“Single”County-Court.aspx, pursuant to The High Court and County Court Jurisdiction (Amendment) Order 2014, but it is also noteworthy that the County Court Jurisdiction Order 2014 comes into force on 22 April 2014.  That order increase... [More]

SIlence is Not Golden

The Court of Appeal in PGF II SA v OMFS Co [2013] EWCA Civ 1288 considered the question of whether silence in the face of an invitation to mediate could ever be considered reasonable. C had brought proceedings against P for breaches of a tenant’s repairing covenants in respect of a commercial building.  C’s claim was for approximately £1.9 million and C made two Part 36 of... [More]