Denton & ors v TH White Ltd & ors [2014] EWCA Civ 906 – Page 2 – Law Journals

Case Planning: Back to basics

Charlotte Robinson-Jones provides practical advice on making applications ‘It is likely to be the case that any hearing will take place after the deadline has expired, but as long as the application is made in time, you should hopefully find that the judge is more receptive to your arguments, as they will be applying the …

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Case Report: Gentry v Lee Miller [2016] EWCA Civ 141

Insurers; vehicle loss; allegations of fraud; acknowledgement of service ‘Perhaps the broader application of Gentry is to provide yet another illustration how the courts are unwilling to tolerate delay and default even if, as here, the party applying for relief was an insurer that had only subsequently been added to the action and seemed to …

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Practice: Blessed relief

Ron Cheriyan reviews the approach of the courts to relief from sanctions over the last year The Jackson reforms, which came into force in April 2013, heralded a sea change in the conduct of litigation in England and Wales. The reforms were introduced in an attempt to overhaul the court’s then existing approach to case …

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Update: A litigation overview – 2015

Anna Pertoldi and Maura McIntosh look back at some of the key developments of 2015 from the perspective of the commercial litigator in England and Wales ‘2015 offered a welcome respite from the previous flood of case law considering applications for relief from sanctions for breaches of court rules and orders.’ As we move into …

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Case Report: Thomas Morgan v (1) Arriva North West (2) Thomas Dures (t/a Sefton Motors) (2015) QBD, Mrs Justice Simler

Strike out; admission of liability; conflict of interest; solicitor default ‘Arriva applied to strike out the claim on 25 February 2014; the primary basis being the failure to deal with the conflict when it was raised at a juncture providing ample time to find alternative counsel.’ When is it appropriate to strike out a claim …

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Costs: Back to the future with CFAs

Paul Jones considers the arguments concerning the recoverability of success fees using retrospective agreements ‘The recoverability of success fees made conditional fee agreements exponentially more attractive to claimants and their solicitors but, as a result of their growth, they became more and more objectionable to defendants.’Conditional fee agreements (CFAs) may very well go down in …

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Human Rights: Section 57? Incompatible… as decided by the Supreme Court

Steven Akerman examines the conflict between the new striking out powers and the Human Rights Act, in part one of this article he looks at the legislation ‘There is already authoritative UK case law that has determined that the legislation is not compatible with the said human rights provisions.’ The full effect of the Jackson …

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Arbitration: Settling personal injury and clinical negligence claims

With court fees going up more than 500% the time has come for insurers, the NHSLA, the MIB and personal injury firms to use arbitration to settle personal injury and clinical negligence claims, suggests Andrew Ritchie ‘The benefits of arbitration are multiple. All of the inefficiencies and the court fees of the county courts and …

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Case Management: Regal reticence

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Ryan Dolby-Stevens discusses the impact of Abdulaziz v Apex [2014] ‘The Court of Appeal held that it “should not lightly interfere” with case management directions and underlined the importance of the fact that all parties to English litigation should be treated equally.’On 26 November 2014, the Supreme Court handed down a decision (Prince Abdulaziz v …

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Civil Procedure: Relief in sight

Georgina Squire investigates a recent decision dealing with relief from sanctions ‘Practitioners should be adopting a common-sense approach in relation to what amounts to a “good reason” for failing to file and serve an acknowledgment of service on time.’ The recent decision in Hockley v North Lincolnshire and Goole NHS Foundation Trust [2014] is an …

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