Kershaw v Roberts & anr [2014] EWHC 1037 (Ch)

WTLR Issue: October 2014 #143

IAN KERSHAW

V

1. MARION ROBERTS (as personal representative of the estate of Jane Rosalyn Jones Deceased)

2. JAMES GERARD JONES (as reserved personal representative and beneficiary of the estate of Jane Rosalyn Jones Deceased)

Analysis

This 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 claim was necessarily a CMC.

Counsel details

Naomi Candlin (St Philips Chambers, 55 Temple Row, Birmingham B2 5LS, tel 0121 246 7000, e-mail clerks@st-philips.com) instructed by Slee Blackwell (1 Marco Polo House, Cook Way, Taunton, Somerset TA2 6BJ, tel 01823 354545) for the claimant.


Richard Mullan (Linenhall Chambers, 1 Stanley Place, Chester CH1 2LU, tel 01244 348282, e-mail clerks@linenhallchambers.co.uk) instructed by Cyfraith JRL Law (2 Vicars Lane, Chester CH1 1QX, tel 01244 312166) for the defendants.

Cases referenced

Cases in bold have further reading - click to view.

Legislation referenced

Legislation in bold has further reading - click to view.