Procedural Default after April 2013: The Story So Far
Procedural Default after April 2013: The Story So Far
1. There have been twelve significant cases since April 2013 which have in some way touched upon procedural default. Mitchell below was heard by the Court of Appeal on 08 11 13 and what appears below is subject to the outcome of that appeal.
Name | Reference | Date | Subject Matter | Abbreviation |
Murray v Dowlman Architecture | [2013] EWHC 872 (TCC) | 16 04 13 | Success fee omitted from budget | Murray |
Fons HF v Corporal | [2013] EWHC 1278 | 09 05 13 | Late w/s’ | Fons |
Venulum Property Investments Limited v Space Architecture | [2013] EWHC 1242 (TCC) | 22 05 13 | Extension to serve POC | Venulum |
Wych v Careforce Group plc. | [2013] EWHC 3282 (COMM) | 25 07 13 | Errors in e-disclosure | Wych |
Baker v Hallam Estates | [2013] EWHC 2668 | 31 07 13 | Time to serve points of dispute re bill of costs | Baker |
Thomas Cook v Louis Hotels | [2013] EWHC 2139 | 29 07 13 | Failure to comply with CPR Part 24 | T Cook |
Mitchell v News Group Newspapers Limited | [2013] EWHC 2355 (QB) | 01 08 13 | Delay to file costs budget | Mitchell |
Raayan al Iraq v Transvictory Marine | [2013] EWHC 2692 | 23 08 13 | Extension of time to serve POC | Raayan |
Atrium Training Services Limited | [2013] EWHC 1562 | 27 09 13 | Omissions in disclosure | Atrium |
Biffa Waste Services v Dinler | 10 10 13 | Multiple failures by D in PI claim | Biffa | |
Thevarajah v Riordan | [2013] EWHC 3179 | 10 10 13 | Non-compliance with disclosure and relief from sanctions | Thevarajah |
Kesabo v African Barrick Gold plc. | [2013] EWHC 3198 | 23 10 13 | Delay to serve POC | Kesabo |
2. In summary four issues will be considered, with the focus on Multi-Track cases:
i) Has there in practice been a stricter approach to procedural defaults since April 2013?
ii) Has the fact of procedural default become equally or more important than the effect of the default?
iii) How have Courts dealt after April 2013 with cases which have a procedural history before April 2013?
iv) The application of the new CPR 3.9.
A Stricter Approach?
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