Commercial Litigation: The Post-Jackson World – Speech by Lord Justice Jackson
Commercial Litigation: The Post-Jackson World (PDF)
Speech by Lord Justice Jackson
Law Society Conference, 21st October 2014
Source: www.judiciary.gov.uk
Category: sanctions
High Court demonstrates more merciful relief regime – Litigation Futures
The High Court has given a clear demonstration of the more forgiving post-Denton environment by granting relief from sanctions where the defaulting party admitted it had no good reason for its failure.
Litigation Futures, 22nd October 2014
Source: www.litigationfutures.com
Recalibrating Mitchell – New Law Journal
‘Dominic Regan provides a guide to the post-Mitchell three-step test.’
New Law Journal, 11th July 2014
Source: www.newlawjournal.co.uk
Expert welcomes Court of Appeal’s “more nuanced approach” to granting relief from ‘Mitchell’ sanctions – OUT-LAW.com
‘Courts should be much more ready to grant relief from sanctions for failure to comply with court orders, practice directions and rules after the Court of Appeal found that the current approach had been “misunderstood and is being misapplied by some courts”, an expert has said.’
OUT-LAW.com, 8th July 2014
Source: www.out-law.com
Hallam Estates v Baker : Extensions of time – time to get along? – Henderson Chambers
‘Lord Justice Jackson took this appeal as an opportunity to stress the importance of parties acting reasonably in agreeing to extensions of time where court hearings are not disrupted. Whilst one might have expected courts to be less approving of parties granting each other extensions of time following the 1 April 2013 reforms, the contrary appears to be the case: Jackson LJ made it quite clear that “…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” (at [30]).
Full story (PDF)
Henderson Chambers, 27th May 2014
Source: www.hendersonchambers.co.uk
High Court grants relief despite “deliberate and non-trivial” breach – Litigation Futures
‘A High Court judge has granted relief from sanctions despite finding that the non-compliance was non-trivial and deliberate, and that there was some delay in lodging the application for relief – using instead powers to impose conditions on the order.’
Litigation Futures, 24th June 2014
Source: www.litigationfutures.com
Lord Dyson to rule on whether cheque for court fees should have been put in Christmas post – Litigation Futures
‘One of the three Mitchell cases to be heard by the Master of the Rolls next week centres on whether a solicitor should have put a cheque in the post shortly before Christmas to pay for the hearing fee.’
Litigation Futures, 12th June 2014
Source: www.litigationfutures.com
In re Lehman Brothers (International) (Europe) (in administration) (No 5) – WLR Daily
‘Approach of court to applications for extensions of time under the Insolvency Rules 1986 in light of the reformulation of CPR r 3.9 and the test to be applied on an application for relief from sanctions.’
WLR Daily, 23rd May 2014
Source: www.iclr.co.uk
This is what we always meant – NearlyLegal
‘Regular readers of this blog (when it is accessible) will know that we are a housing law blog. However, housing law (for the most part) is covered by the overarching umbrella of civil law and we do therefore occasionally cover the odd important non-housing civil law development. It is for that reason that we have been following with interest (as is every single civil lawyer in England and Wales) the “fall-out” from the Jackson reforms.’
NearlyLegal, 23rd May 2014
Source: www.nearlylegal.co.uk
Relief from sanction and witness statements – The Barristers’ Hub
‘The Court of Appeal last week handed down judgment in the case of Chartwell Estate Agents v. Fergies Property & Anor. [2014] E. W. C. A. Civ. 506. It is an important decision for all civil practitioners, as it deals directly with the question of relief from sanction under the modified Rule 3.9 of the Civil Procedure Rules, and mollifies to some extent the (at least perceived) harshness of the rule in Mitchell v. News Group Newspapers [2014] 1 W. L. R. 795 – so much so that the Westlaw service run by respected legal publishers Sweet & Maxwell now state that the Mitchell decision has received “mixed or mildly negative judicial treatment”.’
The Barristers’ Hub, 23rd April 2014
Source: www.barristershub.co.uk
‘Dodgy directors’: Tougher sanctions could see them paying compensation – The Independent
‘The Government is to introduce a law imposing tougher penalties on “rogue and reckless” company directors that could see them paying compensation to victims.’
The Independent, 19th April 2014
Source: www.independent.co.uk
Controlling the process: a practical view from the Bar – Littleton Chambers
‘Alongside the continued wave of decisions on relief from sanctions applications, a few decisions are
now coming through that reflect the general shift in approaches to case management that many
practitioners may have encountered for themselves.’
Littleton Chambers, 2nd April 2014
Source: www.littletonchambers.com
A second bite of the cherry: Can a claimant bring a fresh claim having failed to obtain relief from sanctions? – Hardwicke Chambers
‘In the brave new world created by the Court of Appeal decision in Mitchell v Newsgroup Newspapers Ltd [2013] EWCA Civ 1537, claimants whose claims have been struck out for failure to comply with a rule, practice direction or order are honing in on second actions as a way of bringing their litigation back to life. The threatened slew of professional negligence suits post-Mitchell could be avoided if lawyers subject to a Mitchell strike-out are able to placate their clients by simply re-issuing proceedings against the defendant.’
Hardwicke Chambers, 13th March 2014
Source: www.hardwicke.co.uk
Relief from sanctions application is not a “free ride” for other side to oppose, judge warns – Litigation Futures
‘Parties opposing applications for relief from sanctions should not assume that they are going to get a “free costs ride” in opposing them, a High Court judge has warned.’
Litigation Futures, 27th March 2014
Source: www.litigationfutures.com
Offenders choosing jail time ahead of paying confiscation orders: MPs – Local Government Lawyer
‘Offenders are choosing to spend extra time in jail rather than pay confiscation orders and the sanctions for such non-payment do not work, the Public Accounts Committee has said.’
Local Government Lawyer, 24th March 2014
Source: www.localgovernmentlawyer.co.uk
Iran sues MoD firm over the Shah’s tanks – The Independent
‘The Iranian government is taking a Ministry of Defence-owned company to the High Court to end a £400m row over British-made Chieftain tanks that has dragged on for 35 years.’
The Independent, 2nd February 2014
Source: www.independent.co.uk
Another one bites the dust – life post Jackson and “Mitchell” – Sovereign Chambers
‘This is an important case on the question of the correct approach where there has been default in respect of a sanction imposed by the court under the new “post- Jackson” regime, both in terms of the appropriate structure of applications for relief against sanctions. The Court of Appeal overturned the decision of the deputy high court judge and refused to entertain a second application for relief against sanctions where a previous judge had ordered that the defence and counterclaim be struck out.
The history of litigation and orders is slightly complex but has to be understood.’
Sovereign Chambers, 20th January 2014
Source: www.sovereignchambers.co.uk
Mitchell Part Two: a practical view from the Bar – Littleton Chambers
‘In his monthly column, James Bickford Smith discusses Durrant v Chief Constable of Avon and Somerset Constabulary [2013] EWCA Civ 1624 in which the Court of Appeal, after its decision in Mitchell v News Group Newspapers Ltd [2013] EWCA Civ 1537, took further eye-catching steps to impose the new approach to relief from sanctions.’
Littleton Chambers, 8th January 2014
Source: www.littletonchambers.com
Sanctions update – Mitchell in Action – Sovereign Chambers
‘The facts and consequences of Mitchell are now well known, if not notorious amongst those conducting civil ligation.’
Sovereign Chambers, 7th January 2014
Source: www.sovereignchambers.co.uk
Refusal of relief from sanctions also highlights negligence risk for solicitors, warns QC – Litigation Futures
“The latest High Court decision refusing relief from sanctions shows how tough the courts are becoming in implementing the Jackson reforms, a QC has warned.”
Litigation Futures, 9th October 2013
Source: www.litigationfutures.com
