Mitchell II: The Revenge 08 July 2014 Saleem-Khalid cpr, General, master of the rolls (0) Mitchell has been ‘softened’. On Friday, the Master of the Rolls delivered his judgment in the three cases of Denton v TH White Ltd: Decadent Vapours Limited v Bevan & Ors.: Utilise Limited v Davies and Ors. In essence, the Court of Appeal declared that Mitchell had been “misunderstood” and emphasised that the new CPR 3.9 entailed a clear three stag... [More]
Mitchell re-visited:Court of Appeal hears three linked relief from sanctions appeals 20 June 2014 Carla-Revere court of appeal, General, Jackson reforms, procedure (0) On 16 and 17 June 2014 the Court of Appeal took the unusual decision to hear three appeals together which concerned relief from sanctions and the application of Mitchell principles. One of the appeals was from the decision in Utilise TDS Ltd v Davies [2014] EWHC 834 (Ch). Both the Law Society and Bar Council intervened arguing that the approach of the Court of Appeal in Mitchell had ‘sp... [More]
Section 61 relief: is Santander v RA Legal [2014] EWCA Civ 183 the high-water mark for claimants? 12 June 2014 Karen-Shuman (0) In Santander UK Plc v RA Legal Solicitors (A Firm) [2014] EWCA Civ 183 (24.2.14) V agreed to purchase a house in London E16 for £200,000 and obtained an advance from Abbey of £150,000. He instructed RA. The seller instructed Sovereign Law LLP. The completion monies were transferred to Sovereign Law and the transaction apparently completed. In fact it did not complete.... [More]
Equitable Compensation: AIB v Mark Redler in the Supreme Court 11 June 2014 Karen-Shuman Breach of Trust, damages, professional negligence, trust (0) On 5 June 2014 the Supreme Court heard the appeal in AIB v Mark Redler. (Lord Neuberger, Lady Hale, Lord Wilson, Lord Reed, Lord Toulson) AIB v Mark Redler [2013] EWCA Civ 45 is often wrongly categorised as one of the recent spate of section 61 relief cases. It was a breach of trust case and although section 61 was pleaded in the defence it was not pursued. The solicitors accepted that... [More]
No sudden outburst of honesty by under-compensated miner 09 June 2014 Ivor-Collett (0) The Court of Appeal has recently upheld a County Court Judge’s decision to award damages to a former miner who complained that he had been under-compensated in an industrial injury scheme. One of the reasons given was that the Defendant’s explanation for the Claimant’s conduct was implausible in relying on a steady state of dishonesty interrupted by a brief “outburst ... [More]
Mitchell bonanza! 06 June 2014 Ian-Miller case report, cpr (0) The Law Society Gazette has reported that the Court of Appeal is due to hear three consecutive appeals on Mitchell related issues. The cases are due to be heard on 15th and 16th June and are intended to give some clarity for lawyers in what has become an unpredictable landscape The cases to be heard are Utilise TDS Limited v Davies, Decadent Vapours Ltd v Bevan & Ors A3/2014/0767 and De... [More]
"…It all happened so fast": Is recollection really evidence? 23 May 2014 Tom-Collins (0) It’s often said that Judges hate witnesses and love documents. Unless tampered with, a document is a permanent and faithful record of its content. Even the most well-intentioned witnesses can be tripped up at trial by something they or others have recorded in a document during or shortly after an event. We all know that memory fails and it is the function of the trial process to attempt to r... [More]
Jackson on Jackson 21 May 2014 Ian-Miller case report, costs, cpr (0) “It was no part of my recommendations that parties should refrain from agreeing reasonable extensions of time, which neither imperil hearing dates nor otherwise disrupt the proceedings” said Jackson L.J. in Hallam Estates Limited v Teresa Baker [2014] EWCA Civ 661. In Hallam the claimants (paying parties) asked for an extension of time for filing their points of dispute in proceeding... [More]
Relief From Sanctions - The Pendulum Swings 29 April 2014 Zachary-Bredemear case report, court of appeal, cpr, evidence, Jackson reforms, practice direction, procedure (0) 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. 11 April 2014 Ian-Clarke (0) Ian Miller of this parish has already blogged about the creation of the “new” County Court http://www.piblawg.co.uk/post/2014/03/26/The-“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]