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Court of Appeal clarifies when a claim may be an abuse of process due to a failure to raise it with the court in earlier proceedings
Collateral use undertakings: High Court grants permission to disclose schedules to claim in response to foreign court order
Late amendments to statements of case: helpful guidance from the Court of Appeal
A recent Court of Appeal decision clarifies how the court should exercise its discretion in considering an application to amend that is brought late, but …
High Court strikes out s.90A FSMA claims for failure to comply with pre-service joinder rules following expiration of arguable limitation period
The High Court has struck out certain of the claims brought against G4S under section 90A Financial Services and Markets Act 2000 (FSMA), in a judgment …
Court of Appeal decision clarifies when new claims can be introduced after limitation has expired
The Court of Appeal has held that parties seeking to introduce a new claim after the expiry of the relevant limitation period cannot rely on previously …
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 …
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 …
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 …
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 …
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 …
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, …
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 …
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