Category Archives: Judgments/Orders
Party in breach of “unless” order due to strict application of deemed service provisions
The High Court has held that a party was in breach of an “unless” order requiring service of a disclosure list by a particular date, despite the opponent’s solicitors having received the list by that date, as a result of the … Continue reading
Filed under Judgments/Orders, Part 36 offers, Service
Tougher approach to compliance
The Civil Procedure Rule Committee has approved the wording of an amendment which seeks to implement Lord Justice Jackson’s recommendations that the courts “should be less tolerant than hitherto of unjustified delays and breaches of orders” (see our September update … Continue reading
Filed under Interim applications, Judgments/Orders
Court can give judgment despite settlement
A recent Court of Appeal decision clarifies that the court has the power to hand down judgment in a case that has been fully argued, even if the parties have settled their dispute and asked that judgment not be given: … Continue reading
Filed under Judgments/Orders, Settlement
Delays in giving judgment
In Bond v Dunster Properties Ltd [2011] EWCA Civ 455 the Court of Appeal described a delay of 22 months between the end of the hearing and the delivery of judgment as “lamentable and unacceptable” but held that it did … Continue reading
Filed under Judgments/Orders
Withholding publication of judgment following settlement
In a recent case the High Court has withheld publication of its draft judgment, at the request of the parties, in light of the subsequent settlement of their dispute: Renaissance Capital Ltd v ENRC Africa Holdings Ltd (unreported, 7 April … Continue reading
Filed under Judgments/Orders, Settlement
