Jamadar -v- Bradford Teaching Hospitals NHS Foundation Trust CA 21/7/2016 – No judgment yet – Lawtel summary. Outcome: No relief from sanctions for failing to file a budget in time. Costs recovery restricted to court fees only. And the lesson is: If in doubt – file a budget and make sure you do…
Read more…Compare the decisions in Krasniqi v Watford Timber Co Ltd [click here] and Murray v BAE Systems PLC [click here]. In ‘KRASNIQI,’ an application to extend time made before the expiry of the deadline of an unless order was refused. The claim remained struck out as a result of the Claimant’s failure to comply with…
Read more…Whilst there is no official judgment, I understand that in the case of Martin v The Leeds Teaching Hospitals NHS Trust (Leeds County Court) the Claimant’s relief from sanctions application was dismissed. The circumstances: Bill claimed at £14,000.00 was assessed in the sum of £4,159.10. Request for Oral hearing was required by 23 December 2015.…
Read more…The case of Pipe v Spicerhaart Estate Agents Ltd is a timely reminder. The facts of this case on the small claims track aren’t particularly important. What is important is that CPR 52.5 (5)(a) required the Respondent in the appeal to serve its Respondent’s Notice within 14 days of the Appellant serving her Notice of Appeal. The Notice of…
Read more…The Supreme Court judgment in the case of Thevarajah (Respondent) v Riordan and others (Appellants) [2015] UKSC 78 is a good read, if you have time. If you are concentrating on making a good start to 2016 and would rather not read the full judgement, this is the potted version of the judgment:- Comply with peremptory orders.…
Read more…I wrote recently about what I thought might be a continuing softening of approach to relief from sanctions applications (click here). If you’ve seen any commentary about the case of Walton v Allman, you might think that I was a little hasty in saying that. However, I beg to differ in my interpretation of this…
Read more…Mishcon De Reya, the firm in breach in the case in question, (Mishcon De Reya (a firm) & Anor v Caliendo & Anor [2015] EWCA Civ 1029 (13 October 2015) will say ‘yes’. My colleague Nicola Magrath and I tend to agree. A notice which should have been served within seven days wasn’t given for three and a…
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