- May 13, 2014
Court of Appeal considers CPR 3.9 and Mitchell in Chartwell v Fergies
In Chartwell Estate Agents Ltd v Fergies Properties SA, the Court of Appeal upheld Globe J’s first instance decision granting relief from sanction for late service of witness statements where the non-compliance was not trivial and there was no good reason for the default. This decision acknowledges the role of case management discretion when applying the … Continue reading Court of Appeal considers CPR 3.9 and Mitchell in Chartwell v Fergies →
- October 16, 2012
Strict liability for the escape of fire after Stannard v Gore
In Stannard (t/a Wyvern Tyres) v Gore, the Court of Appeal held that there is no special modification of the rule under Rylands v Fletcher for cases involving the escape of fire. It is an essential requirement of this rule that the “dangerous thing” brought onto the defendant’s land should escape. In so-called fire cases, … Continue reading Strict liability for the escape of fire after Stannard v Gore →
