Featured case law commentary – Page 4
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Analysis
Cox v Ergo Versicherung AG [2014] UKSC 22
The Supreme Court has ruled on the law applicable to claims in respect of fatal accidents where the accident happened abroad. The Fatal Accidents Act 1976 does not have universal application.
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Analysis
Chartwell Estate Agents Ltd v Fergies Properties SA & Anor [2014] EWCA Civ 506
The Court of Appeal upheld a decision to grant a claimant relief from sanctions, deciding that to threaten the entire progress of a case would be too severe.
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Analysis
Integral Petroleum SA v SCU Finanz AG [2014] EWHC 702 (Comm)
The Commercial Court refused to treat service by email of the particulars of claim on the defendant as valid, despite the fact that this was not agreed by the defendant and was served late.
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Analysis
Utilise TDS Ltd v Davies [2014] EWHC 834 (Ch)
The court considered whether, if a breach of a court order attracting sanctions can be viewed as trivial, could another trivial breach of the same order result in the first breach be viewed as non-trivial.
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Analysis
Clarke v Barclays Bank plc and Lamberts Surveyors Ltd [2014] EWHC 505 (Ch)
A claimant was refused permission to rely upon a second expert report where the report of an original expert had been served, but the expert had withdrawn from the case.
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Analysis
Porter Capital Corporation v Zulfikar Masters (unreported, 19 March 2014)
This case illustrates more robust and stricter approach the courts are now taking, following the Jackson reforms, and how not complying with court rules can lead to heavy costs sanctions.
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Analysis
Thevarajah v Riordan [2014] EWCA Civ 15
Court of Appeal overturned the Chancery Division’s (ChD) decision to grant relief from sanctions, finding that the ChD could not make an inconsistent order granting relief unless and until the original order had been set aside by way of a variation or revocation.
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Analysis
Murills v Berlanda and Belvedere Medical Group Ltd (in liquidation) [2014] EWCA Civ 6
This case was struck out by the Court of Appeal because the claimant’s solicitors had not followed the right procedure for service of court proceedings and not given an address for service of the claim form.
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Analysis
Rehill v Rider Holdings [2014] EWCA Civ 42
Court of Appeal ruled in favour of the defendant on withdrawn part 36 offer to settle a personal injury claim made when the claimant knew his prognosis was clear, and orders the dishonest claimant to pay litigation costs.
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Analysis
Starbev GP Ltd v Interbrew Central European Holding BV [2013] EWHC 4038 (Comm)
A reminder of the test the court must apply when considering whether a document is subject to litigation privilege.
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Analysis
MA Lloyd & Sons Ltd v PPC International Ltd [2014] EWHC 41 (QB)
The claimant was debarred from producing evidence about an issue at trial because it failed to comply with an order for exchange of witness statements.
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Analysis
Webb Resolutions Ltd v E-Surv Ltd [2014] EWHC 49 (QB)
This case illustrates more robust and stricter approach the courts are now taking, following the Jackson reforms, and how not complying with court rules can lead to heavy costs sanctions.
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AnalysisSpotlight: Mitchell v News Group Newspapers Ltd [2013] EWCA Civ 1526
Court of Appeal provided guidance, in light of the Jackson Reforms, on the circumstances in which relief from sanctions relating to non-compliance with rules, practice directions or court orders will be granted.
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