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Where to next?

Where to next?. Mitchell Part 2 Craig Budsworth. Andrew Mitchell MP v NGN Ltd [2013] EWCA Civ 1526 Karbhari & Karbhari v Ahmed Long v Value Properties Durrant v Chief Constable of Avon and Somerset Constabulary [2013] EWCA Civ 1624 Forstaterv Python[2013] EWHC 3759 (Ch)

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Where to next?

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  1. Where to next? Mitchell Part 2 Craig Budsworth

  2. Andrew Mitchell MP v NGN Ltd [2013] EWCA Civ 1526 • Karbhari & Karbhari v Ahmed • Long v Value Properties • Durrant v Chief Constable of Avon and Somerset Constabulary [2013] EWCA Civ 1624 • Forstaterv Python[2013] EWHC 3759 (Ch) • SC DG Petrol SRL v Vitol Broking Ltd (& Others), [2013] EWHC 3920 (Comm) • Harrison v Black Horse, [2013] EWHC B28 (Costs) • Adlington & 144 Others v Els International Lawyers LLP [2013] EWHC B29 • M A Lloyd v PPC International [2014] EWHC 41 (QB) • Summit Navigation v Generali Romania, [2014] EWHC 398 • Nelson v Circle Thirty Three Housing [2014] EWCA Civ 106 • Lakatamia Shipping v Nobu Su [2014] EWHC 275 • Thevarajah v Riordan [2014] EWCA Civ 14 ( • Clarke v Barclays Bank & Lamberts Surveyors [2014] EWHC 505 • AEI v Alstom UK [2014] EWHC 430 (comm) • Samara v MBI [2014] EWHC 563 (QB) (4 March 2014) • Chartwell Estate Agents v Fergies Properties & Another [2014] EWHC 438 (18th February 2014) • McTear v Englehard [2014] EWHC 722 (14th March 2014)

  3. CPR 3.8 • Don’t get confused, this is all about what happens at the directions hearing and any subsequent CMC! • Why?

  4. CPR 3.8 • Don’t forget there are 2 elements to 3.8 and they are reflected in the directions.

  5. CPR 3.8 • (1) Where a party has failed to comply with a rule, practice direction or court order, any sanction for failure to comply imposed by the rule, practice direction or court order has effect unless the party in default applies for and obtains relief from the sanction. • (Rule 3.9 sets out the circumstances which the court will consider on an application to grant relief from a sanction) • (2) Where the sanction is the payment of costs, the party in default may only obtain relief by appealing against the order for costs.

  6. CPR 3.8 • So the first bit can be all about costs. • So, you’re sat in the DQ hearing and a direction could be about defendant to disclose details of previous accidents on CUE PI, failing which, the claimant could make a DPA request so D could be ordered to pay costs for failing to comply.

  7. CPR 3.8 • (3) Where a rule, practice direction or court order – • (a) requires a party to do something within a specified time, and • (b) specifies the consequence of failure to comply, • the time for doing the act in question may not be extended by agreement between the parties except as provided in paragraph (4). • (4) In the circumstances referred to in paragraph (3) and unless the court orders otherwise, the time for doing the act in question may be extended by prior written agreement of the parties for up to a maximum of 28 days, provided always that any such extension does not put at risk any hearing date.

  8. CPR 3.8 • When do you do this? • What if you don’t agree? • Do you have to inform the court? • Anything to worry about?

  9. CPR 3.8 • Back to the initial DQ hearing, you’ve got to be on the ball with consequences. • “specifies the consequence of failure to comply”

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