Contested wills: Late for a very important date

Fiona Lawrence and Julia Hardy explore what it will take for a court to allow a very late amendment to a will challenge claim ‘It is clear from the various authorities that each case turns on its own facts, and that best practice in assessing the merits of each application is to attempt to conduct …
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Litigation tactics: Win, lose or pay either way

Johnathan Payne discusses how the way you pursue or defend a claim can impact on costs ‘This state of affairs has generated far more litigation in areas such as discontinuance, fundamental dishonesty and strike out.’ In 1931 Aldous Huxley wrote Brave New World. The book was set in a futuristic world state of genetically-modified citizens …
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Practice: Don’t be late

Sarah McCann reports on a recent application for relief from sanctions ‘At least insofar as the breach relates to costs budgeting, the emphasis appears to be squarely on considering the just outcome in all the circumstances.’ Much has been written about the court’s discretion to grant relief from sanctions pursuant to CPR 3.9 over recent …
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Sanctions: Budgeting blunder

Maura McIntosh reports on a recent application of the Mitchell sanction ‘The decision acts as a reminder that costs budgets must be filed in time or a party risks facing serious restrictions on its recoverable costs.’ In the recently reported case of Jamadar v Bradford Teaching Hospitals NHS Foundation Trust [2016], Jackson LJ delivered the …
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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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Insights By Penningtons Manches: Counting the cost

Mark Lewis and Clare Arthurs report on the proposed changes to costs management ‘Probably the most important proposed change for lawyers (and their PI insurers) is the introduction of different deadlines for filing costs budgets, depending on the size of the claim.’The Civil Procedure Rules Committee (CPRC) has been busy. Among other things, it has …
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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 a …
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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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