header-logo header-logo

Seasoning justice with mercy

08 March 2012 / Katherine Rees
Issue: 7504 / Categories: Features , Insurance / reinsurance
printer mail-detail

Katherine Rees looks at three recent cases in which parties have sought “mercy” from the court

Litigation is not an occupation for anyone made nervous by deadlines. It is an area of practice bristling with time-limits and there is a steady stream of cases which deal with the consequences of missing procedural deadlines.

Those cases which reach the court will usually combine an error with an unforgiving opponent. Is it possible for either side to predict how the court will react to the transgression? Will it say that rules must be obeyed; will it be made impatient by a tussle about technicalities, or will it take the view expressed by HHJ Hodge that “the court must season justice with mercy” (Pannone LLP v Aardvark Digital Ltd [2011] EWCA Civ 803, [2011] All ER (D) 100 (Jul))?

Before embarking on satellite litigation about a procedural error, a litigant will want to know what its prospects of success are and be satisfied that it is not just throwing money away on a technical issue. However, this can be a difficult area in which to

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn

Partner appointment in firm’s equity capital markets team

NEWS

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

Could the Labour government usher in a new era for digital assets, ask Keith Oliver, head of international, and Amalia Neenan FitzGerald, associate, Peters & Peters, in this week’s NLJ

An extra bit is being added to case citations to show the pecking order of the judges concerned. Former district judge Stephen Gold has the details, in his ‘Civil way’ column in this week’s NLJ

The Labour government’s position on alternative dispute resolution (ADR) is not yet clear

back-to-top-scroll