Wills & Trusts Law Reports | October 2014 #143This hearing was an appeal from a decision of His Honr Judge Philip in which that judge found that an earlier hearing in the matter had not been a case management conference (CMC) and that therefore the respondent defendants were under no obligation to file and serve a costs budget seven days in advance of it. The claimant had contended that the earlier hearing had been a CMC and renewed that submission in the current hearing. The claimant’s submissions raised general issues as to whether the first hearing in a Part 8 claim, alternatively the first directions hearing, in such a cla...
Laura Sylvester considers if there has been a softening of judicial approach ‘Clearly, the Mitchell case has left its mark on the legal landscape. The importance of compliance with court orders, the CPR and practice directions must not be underestimated. Ignore this at your peril.’Following the Court of Appeal’s decision in 2013, in the landmark …
Continue reading "Compliance: Some relief from sanctions?"
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Lianne Naughton considers the clear message of Mitchell, if you are getting into trouble complying with the court timetable make an application to extend time ‘Applications for extensions of time made before time had expired will be looked upon more favourably than applications for relief from sanctions made after the event.’ The year 2013 saw …
Continue reading "Relief From Sanctions: The true cost of change"
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