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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers, Leeds, Manchester & Birmingham.
Browse: Home » 2015 » January

THE MITCHELL CASE AND COSTS: IN THE NEWS AGAIN

January 30, 2015 · by gexall · in Applications, Civil Procedure, Costs

My apologies for relying on a non-legal source. However the BBC reports that Mr Mitchell has been ordered to pay both sets of costs in the defamation action. THE CASE BBC News reports a decision of Mr Justice Mitting that…

LATE SERVICE OF WITNESS STATEMENTS AND RELIEF FROM SANCTIONS IN THE HIGH COURT

January 30, 2015 · by gexall · in Applications, Civil evidence, Civil Procedure, Relief from sanctions, Witness statements

In Devon & Cornwall Autistic Community Trust -v- Cornwall Council [2015] EWHC 129 (QB) the claimant’s application for the adjournment of the trial date was refused. However the claimant was given permission to serve witness statements late.  Mr Justice Green…

MORE ON ADVERSE INFERENCES FROM ABSENT WITNESSES: A CLINICAL NEGLIGENCE CASE

January 29, 2015 · by gexall · in Applications, Civil evidence, Witness statements

In Webb -v- Liverpool Women’s NHS Foundation Trust [2015] EWHC 133 (QB) HH Judge Saffman (sitting as a judge of the High Court) considered the implications of an important witness not called by the defendant in a clinical negligence case….

SUMMARY JUDGMENT: CONDITIONAL LEAVE TO DEFEND NOT A RUNNER-UP PRIZE: A BARRIER TO THE FLOODGATES ARGUMENT?

January 29, 2015 · by gexall · in Applications, Civil Procedure

In Global Flood Defence Systems Ltd -v- Van Den Noort Innovations BV [2015] EWHC 153 (IPEC) HH Judge Hacon made it clear that a court would only make an order giving conditional leave to defend in limited circumstances. THE CASE…

GET YOUR WITNESS TO CHECK THEIR STATEMENT CAREFULLY: OR ELSE

January 29, 2015 · by gexall · in Civil evidence, Civil Procedure, Witness statements

Many earlier posts have concentrated upon the need for care and accuracy in the drafting of witness statements. A classic example of the problems that can occur is shown in the judgment of Mr Justice Warby in David Halberstam -v-…

THE DUTY OF FULL AND FRANK DISCLOSURE: A CASE IN POINT

January 28, 2015 · by gexall · in Applications, Civil evidence, Civil Procedure

In PCV -v- The Y Regional Government of X [2014] EWHC 68 (Comm) Mr Justice Hamblen set out, in clear terms, the rigorous nature of the duty to give full and frank disclosure to the court when making a without…

PRELIMINARY APPLICATIONS: DEPARTING FROM COST BUDGETS AND FAILURE TO SERVE COST SCHEDULES: A HIGH COURT DECISION

January 27, 2015 · by gexall · in Applications, Costs, Costs budgeting

In Simpson -v- MGN Limited [2015] EWHC 126 (QB) Mr Justice Warby considered several contentions in relation to costs budgeting; non-service of costs schedules and proportionality. This is, again, a case that serves as an object lesson as to the…

CFA NOT FRUSTRATED BY CAPACITY: BLANKLEY APPEAL DRAWS A BLANK FOR DEFENDANT

January 27, 2015 · by gexall · in Civil Procedure, Costs

In Blankley -v- Central Manchester and Manchester Children’s University Hospitals NHS Trust [2015] EWCA Civ 18, where judgment was given today, the Court of Appeal upheld the first instance decision that a claimant’s subsequent incapacity does not invalidate a claimant’s…

ABSENT WITNESSES ARE NOT NECESSARILY DECISIVE: WESTERN TRADING CONSIDERED

January 26, 2015 · by gexall · in Civil evidence, Civil Procedure, Witness statements

Several recent posts have looked at the inferences the court can draw in circumstances where a witness is not called or is silent on key points.  This issue was mentioned  in a judgment today by H H Judge Mackie QC…

INFERENCES TO BE DRAWN FROM SILENCE: THE VIEWS OF THE SUPREME COURT

January 25, 2015 · by gexall · in Civil evidence, Civil Procedure, Witness statements

In the recent case of  Gordon Ramsay -v- Gary Love [2015] EWHC 65 Mr Justice Morgan considered, among other things, the inferences that could properly be drawn from the absence or silence of a witness. He refers to the relevant…

APPEALING COSTS BUDGETS: THE RELEVANT CRITERIA CONSIDERED AND APPLIED

January 24, 2015 · by gexall · in Appeals, Civil Procedure, Costs, Costs budgeting

The decision of H H Judge Freedman in Havenga -v- Gateshead NHS Foundation Trust [2014] EWHC B25(QB) demonstrates how difficult it is for a party to appeal a costs budget. THE CASE The claimant was bringing a claim for hemiplegic…

THE DANGERS OF A PART 36 OFFER: CLAIMANT PAYS THREE TIMES MORE IN COSTS THAN HE RECEIVED IN DAMAGES

January 24, 2015 · by gexall · in Applications, Civil Procedure, Costs, Costs budgeting, Part 36

The dangers of a claimant rejecting a Part 36 offer are clearly demonstrated in the case of UWUG Ltd & Haiss -v- Ball [2015] EWHC 74 (IPEC). The claimant received damages of £2,859.20 but was ordered to pay the defendant…

COSTS AT THE END OF THE CASE: THE JUDGE CAN MAKE OBSERVATIONS ABOUT MATTERS OUTSIDE THE COSTS BUDGET

January 22, 2015 · by gexall · in Applications, Civil Procedure, Costs, Costs budgeting

The judgment of H.H. Judge Simon Brown Q.C in Excelerate Technology Ltd -v- Cumberbatch [2015] EWHC B1 Mercantile contains some interesting observations at the end. This illustrates the need for trial counsel to be aware of both the costs budget…

THE RIHANNA CASE AND OPINION EVIDENCE IN WITNESS STATEMENTS: BEEN THERE, DONE THAT GOT THE TEE SHIRT

January 22, 2015 · by gexall · in Applications, Civil evidence, Civil Procedure, Witness statements

We should, perhaps, get used to celebrities dominating the law reports. After court fees are increased they will be the only people who will be able to afford litigation in any event.  The case of Robyn Rihanna Fenty -v- Arcadia…

LET THE COURT KNOW HOW MUCH AN EXPERT IS GOING TO COST: A MANDATORY REQUIREMENT

January 22, 2015 · by gexall · in Civil Procedure, Costs, Costs budgeting, Expert evidence

The short judgment of Mr Justice Warby in Sloutsker -v- Romanova [2015] EWHC 81(QB) contains some important observations about preparing for hearings. It also serves as a timely reminder that a party asking for permission to instruct an expert must…

DOCUMENTS, CIVIL EVIDENCE AND WITNESS STATEMENTS: SERVE PROPER NOTICES OR YOU COULD BE ON YOUR BIKE

January 21, 2015 · by gexall · in Civil evidence, Civil Procedure, Witness statements

The judgment of His Honour Allan Gore QC (sitting as a High Court judge) in Edwards -v- London Borough of Sutton [2014] EWHC 4378 QB contains some important observations about documents, Civil Evidence Act notices and witness statements. THE CASE…

GET BUNDLES AND SKELETON ARGUMENTS TO COURT – OR ELSE: CHIEF CONSTABLE COPS IT

January 21, 2015 · by gexall · in Applications, Avoiding negligence claims, Civil Procedure, Costs, Serving documents, Written advocacy

There is a brief report on Lawtel today of the case of Marsh -v- Ministry of Justice (QB Phillips J 20/01/2015)*. It provides an object lesson on the need for all parties (and non-parties) to lodge – or re-lodge –…

GORDON RAMSAY CASE AND WITNESS EVIDENCE: ABSENCE OF KEY WITNESSES DOES NOT LEAD TO TURNING UP OF THE HEAT

January 21, 2015 · by gexall · in Applications, Civil evidence, Witness statements

The case of Gordon Ramsay -v- Gary Love [2015] EWHC 65 (Ch) has had much attention in the media, primarily because of the identity of the claimant. However the judge made important observations as to the inferences that can be…

SUBSTANTIAL COSTS INCURRED IN ARGUING ABOUT COSTS: NIGHTMARE IN BELGRAVIA?

January 20, 2015 · by gexall · in Avoiding negligence claims, Civil evidence, Civil Procedure, Costs

In Chliafichtein -v-Wainbridge Estates Belgravia Ltd [2015] EWHC 47 (TCC) Mr Justice Coulson made some comments in relation to the escalation of costs in preparing for an argument about who should pay the costs. THE CASE The claimant obtained an…

SERVICE OF THE CLAIM FORM: E-MAILING A COPY IS NOT GOOD SERVICE (AND WON'T BE EXCUSED)

January 20, 2015 · by gexall · in Appeals, Applications, Avoiding negligence claims, Service of the claim form, Serving documents, Witness statements

Service of the claim form raises its head for the second time in two days. In Dunbar Assets Plc -v- BCP Premier Limited [2014] EWHC 10 (Ch) Mr John Baldwin QC (sitting as a Deputy Judge) overturned an order that…

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