Statements of case

Court of Appeal confirms defendants not obliged to make enquiries of third parties before pleading non-admissions

The Court of Appeal has rejected an argument that a defendant must make reasonable enquiries of third parties before pleading in its defence that it is unable to either admit or deny an allegation and requires the claimant to prove … Continue reading

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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). … Continue reading

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Filed under Judgments/Orders, Statements of case

Court of Appeal clarifies when court will allow inspection of documents mentioned in witness statement or statement of case

In a recent decision, the Court of Appeal has clarified the approach to be taken in determining whether the court should allow inspection of a document "mentioned" in a witness statement or statement of case: Blue Holdings (1) PTE Ltd & … Continue reading

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Filed under Confidentiality, Disclosure, Evidence, Statements of case

Commercial Court bypasses Mitchell in treating service of particulars as valid despite errors of procedure

In what may be seen as a surprising decision, the Commercial Court has treated service of particulars of claim on the defendant’s lawyer by e-mail as valid service, despite the fact that the lawyer had not agreed to accept service by … Continue reading

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Filed under Interim applications, Judgments/Orders, Service, Statements of case

Commercial Court “driven” to strike out claim despite view that such a sanction was unjust and disproportionate

The Commercial Court has, with obvious reluctance, struck out a claim on the basis that the claimant was 20 days late in serving particulars of claim:  Associated Electrical Industries Limited v Alstom UK [2014] EWHC 430 (Comm). The judge commented that, … Continue reading

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High Court refuses extension of time for service of particulars, further illustrating new strict approach to compliance

The High Court has refused an application to extend time for service of particulars of claim in circumstances where a fresh action would be time barred, with the result that the claimant will be unable to pursue its claim against … Continue reading

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Filed under Service, Statements of case

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). … Continue reading

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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 … Continue reading

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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 … Continue reading

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Filed under Evidence, Statements of case

Court of Appeal reaffirms strict approach to late amendments

In a judgment handed down in January, the Court of Appeal has sent a strong message against taking a relaxed approach to late amendments and as to the precision required for a proper pleading: Swain-Mason and ors v Mills & … Continue reading

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