Conflicting first instance decisions on whether default judgment can be granted where acknowledgement of service filed late

In a recent judgment, the High Court rejected an application for default judgment on the basis that the defendant’s acknowledgement of service, though late, had been filed shortly before the application: Cunico Resources NV v Daskalakis [2018] EWHC 3382 (Comm). The decision turned on the interpretation of CPR 12.3(1), which sets out the conditions to … Read more

Impact of stay on procedural deadlines

A recent High Court decision illustrates the need for parties to be clear as to the impact of a stay on procedural time limits in the action: UK Highways A55 Ltd v Hyder Consulting (UK) Ltd [2012] EWHC 3505 (TCC). The decision suggests that, where an action has been stayed for a period of time, … Read more

High Court guidance on non-party access to court documents

In the context of the phone hacking litigation, the High Court has considered the principles governing which court documents are publicly available: Various claimants v News Group Newspapers Ltd and another [2012] EWHC 397 (Ch). Under CPR 5.4C a non-party to proceedings can obtain, without the court’s permission, a copy of a statement of case or … Read more

Court’s approach to admission of late evidence?

We have previously reported on the Court of Appeal’s decision in Swain-Mason and ors v Mills & Reeve [2011] EWCA Civ 14 which, we said, signalled a strict approach to applications for late amendments (see here). The court in that case overturned Peter Smith J’s decision to allow an amendment to particulars of claim on … Read more