Paul Jones highlights an example of an application for relief from sanctions in detailed assessment proceedings ‘The court considered the breach by reference to all the surrounding circumstances of the case. In particular, the claimant had commenced detailed assessment within the required three months.’ Relief from sanctions has been the dominant theme in the post …
Continue reading "Costs: Trivial pursuits"
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In a recent case the Court of Appeal takes a new view of Mitchell, Jim Hester discusses ‘The court’s new guidance replaces what was generally seen as a two-stage process under Mitchell (Was this a trivial breach? Was there a good reason?) with a new three-stage process.’ Hot on the heels of the seminal Mitchell …
Continue reading "Relief From Sanctions: Denton and the misunderstanding of Mitchell"
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Wills & Trusts Law Reports | October 2014 #143In 2006 the deceased made a will directing a sale of two properties, No 7 and No 43 (the properties), with the proceeds to be shared between her sons (the Harts). On the same date the deceased gave another property, Unit 15, to her daughter and son-in-law, Mr and Mrs Burbidge, and also released them from a debt of £44,000. In 2007 the deceased made a further will leaving No 7 to the Harts and No 43 to her siblings and any grandchildren surviving her with the residue to be divided equally amongst her children.
Having decided to live with the Burbidges, the deceased transferred her...
Wills & Trusts Law Reports | October 2014 #143and
1. ARTHUR KENNETH GERALD SAMWAYS
2. GRAHAM DOUGLAS SAMWAYS
3. CHRISTINE MARGARET GARLINGE
4. PETER KENNETH HART
5. LEWIS ROGER HART
6. GEMMA LOUISE HART
v
1. SUSAN ANNE BURBIDGE
2. BRIAN JEFFERY BURBIDGE
3. KENNETH CHARLES HART
4. PAUL ROGER HART
The appellants appealed a decision in two actions that had been tried together ...
Julia Staines reports on a significant judgment in the Court of Appeal ‘In the three cases which were the subject of the appeal, the Court of Appeal believed that two of them (Decadent and Utilise) evidenced an “unduly draconian approach” and one of them (Denton) “an unduly relaxed approach”.’ Hot on the heels of the …
Continue reading "Procedure: Appealing news"
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Neil Jamieson reviews the new ‘buffer rule’ and recent Court of Appeal decisions: the end of post-Mitchell ‘zero tolerance’? ‘The old lax culture of non-compliance with rules, practice directions and orders is no longer tolerated, and compliance has to be considered in every case.’ In just a few months, we have come a very long …
Continue reading "Practice: End of the line"
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