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Harmans Costs Brief – July 2014
Read our latest Costs Brief featuring articles on the long awaited judgment from The Court of Appeal dealing with the issues arising from Mitchell, commentary on another decision by The Court of Appeal that the Legal Aid Agency must pay the full cost of expert…
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Mitchell substantially sound simply misunderstood
The Court of Appeal has now handed down judgment dealing with issues arising from the interpretation of the “Mitchell” decision following which a “zero tolerance” approach was adopted in many cases as a result of a failure to fully comply with orders and/or directions. Applications…
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Stephen Warner v John Merrett
Whilst the Court of Appeal’s decision on the conjoined Appeals involving “Mitchell” interpretation is awaited it is good to see that Judges are able to make sensible decisions without the guidance. Judge Mackie QC was required to consider whether a failure to serve documents relating…
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Harmans Costs Brief – June 2014
Last month’s Costs Brief proved to be our most popular of 2014, can we beat it with the latest issue? See for yourself, but we’re quietly confident… http://eepurl.com/Wxs-j
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Relief from Sanctions – a year on from Mitchell
Following the decision in the Mitchell case, there was a feeling that from now on, cases were going to be routinely denied relief from sanctions for the most minor of errors. As the following cases below show, although the Courts have become stricter, relief from…
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Late Witness Statements and Costs Implications
In the case of Monde Petroleum SA v Weterzagros Ltd, 19 May 2014, QBD, Hamblen J, though the breach of order was not trivial, the Court granted the claimant relief from sanction in respect to a witness statement which was served three months later as…
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The new stricter approach to applications for relief from sanction reaches the SCCO
The decision of the Court of Appeal in Mitchell v News Group Newspapers Ltd [2013] EWCA Civ 1526 was intended to send out a clear message to the legal profession that applications for relief from sanction would be granted only where (very) good reason for…
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Harmans Costs Brief – January 2014
Fresh for 2014 – Costs Brief is here! Get the latest costs updates (Mitchell and non-Mitchell related), read about the Court’s power to restrict expert evidence and book your seat for Matt Harman’s next costs talk. http://eepurl.com/MhcyD
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Relief from Sanctions post-Mitchell appeal
Further decisions giving guidance with regard to the Courts’ approach to applications for relief from sanctions have been coming through following the stern conclusions reached by Master Victoria McCloud and the Court of Appeal in the Mitchell case. The importance of ‘Mitchell’ as the starting…
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Case round up by Gary Knight
At the time of writing it has been 4 months since J-Day (Jackson Day) and thus far the seas have not boiled and the 4 horsemen of the apocalypse have not been spotted riding through the new costs landscape but it is still early days.…
