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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.




Subject Matter


Murray v Dowlman Architecture

[2013] EWHC 872 (TCC)

16 04 13

Success fee omitted from budget


Fons HF v Corporal

[2013] EWHC 1278

09 05 13

Late w/s’


Venulum Property Investments Limited v Space Architecture

[2013] EWHC 1242 (TCC)

22 05 13

Extension to serve POC


Wych v Careforce Group plc.

[2013] EWHC 3282 (COMM)

25 07 13

Errors in e-disclosure


Baker v Hallam Estates

[2013] EWHC 2668

31 07 13

Time to serve points of dispute re bill of costs


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


Raayan al Iraq v Transvictory Marine

[2013] EWHC 2692

23 08 13

Extension of time to serve POC


Atrium Training Services Limited

[2013] EWHC 1562

27 09 13

Omissions in disclosure


Biffa Waste Services v Dinler

10 10 13

Multiple failures by D in PI claim


Thevarajah v Riordan

[2013] EWHC 3179

10 10 13

Non-compliance with disclosure and relief from sanctions


Kesabo v African Barrick Gold plc.

[2013] EWHC 3198

23 10 13

Delay to serve POC


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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