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24 October 2013
Issue: 7581 / Categories: Legal News
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Court strikes tough attitude

RTA claim struck out over missed deadlines

An RTA claim has been struck out after lawyers missed deadlines, reinforcing the courts’ post-Jackson strictness on non-compliance.

In Biffa Waste Services v Ali Dinler & Ors (unreported, 10 October 2013), the claimant’s lawyers filed witness statements 27 days late and just two hours before the second deadline, so the court did not receive the statements until the day before the trial. They also failed to file a pre-trial checklist, and did not agree the contents of the trial bundle until the day before trial. The district judge declined the defendant’s call for the case to be struck out, and applied costs sanctions.

The defendants successfully appealed. Mrs Justice Swift held that the judge had erred in granting relief from sanctions.

Personal injury barrister Jeremy Ford, of 9 Gough Square, says: “This case reiterates that parties now fail to comply with the CPR at their peril. The days where a defaulting party could rely heavily upon a lack of prejudice to their opponent to justify court leniency for non-compliance are over. Expect the Court of Appeal to reinforce this on 7 November when it considers the new CPR Rule 3.9 for the first time in Andrew Mitchell v News Group Newspapers Limited.”

Issue: 7581 / Categories: Legal News
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MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
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