CIVIL LITIGATION REVIEW OF 2017 (IV): COSTS, BUDGETS, PROCEDURAL GAMES AND MISCONDUCT ON ASSESSMENT
This year has been a surprisingly muted year for costs cases, particularly in the higher courts. Several judgments were expected, however they rarely proved to be definitive or wide ranging. 2018 may be the year that some issues are resolved….
CIVIL PROCEDURE REVIEW OF 2017 (III): EXPERTS: SNEAKINESS, DISCLOSURE OF CONFLICTS, ARROGANCE AND NO CONCEPT OF THE DUTY OWED TO THE COURT
There have been plenty of interesting cases on experts this year. Here are a few select cases. ATTEMPTS TO SNEAK EXPERT EVIDENCE IN There have been a number of cases where parties have attempted to “disguise” expert evidence. Teva UK…
THE FOREIGN LIMITATION PERIOD ACT 1984: PUBLIC POLICY AND UNDUE HARDSHIP: NOT PART OF THE “STAR WARS” DEFENCE
In Kazakhstan Kagazy Plc & Ors v Zhunus & Ors [2017] EWHC 3374 (Comm) Mr Justice Picken considered Section 2 of the Foreign Limitation Periods Act 1984. The judge held that he would have extended the limitation period on public policy…
CIVIL LITIGATION REVIEW OF 2017 (II): OPENING LINES OF JUDGMENTS
The opening lines of judgments has been a much-discussed issue this year. A brief discussion on Twitter led firstly to the ICLR posting a detailed review Battle of the BAILLI – the best opening lines of a judgment. This is…
CIVIL LITIGATION REVIEW OF 2017 (I): “SURVIVING THE EMOTIONS OF LITIGATION” & “THINGS THAT IRRITATE JUDGES”
This is the fourth annual review on this blog. This year I have decided to break it into a number of reviews. First it is interesting to look at what is being read on this site and the search terms…
CIVIL LITIGATION AND THE MARTIAL ARTS: MCGANN -V- BISPING: ROUND 3: LATE WITNESS STATEMENTS AND “IMPLICIT” ORDERS FOR RELIEF FROM SANCTIONS
We have already looked twice at the “sparring” arguments in relation to procedure in the case of McGann v Bisping [2017] EWHC 2951 (Comm). A further procedural issue arose as to whether a party was debarred from calling evidence at all. The…
UNDERPAYMENT OF COURT FEES AND STRIKING OUT: CLAIMANT SUCCESSFUL ON APPEAL:
Exactly a year ago today His Honour Judge Robinson gave judgment in a case relating to under-payment the Court fees , see Wiseman -v- Martson. Judge Robinson gave judgment this morning in a case that covered similar ground. He allowed an…
CIVIL LITIGATION AND THE MARTIAL ARTS: MCGANN -V- BISPING: ROUND 2: WHEN A WITNESS DISCUSSES THEIR EVIDENCE
The judgment in McGann v Bisping [2017] EWHC 2951 (Comm) deals with numerous procedural issues, many of which arose in the course of the trial. We have looked at one of these already. The case also involved a witness, during the course…
PROVING THINGS 82: ITS NO GOOD FISHING – THE JUDGE WON’T BITE
It is surprising how often litigants get to trial and find that they have not got even the most basic evidence to prove their claim for damages. This happened to the claimant today in One Fish Company Ltd v Iceland Foods…
THE COSTS OF PROVISIONAL ASSESSMENT: THE CAP ALWAYS FITS
In W Portsmouth and Company Ltd v Lowin [2017] EWCA Civ 2172 the Court of Appeal held that the cap on the costs of provisional assessment continues to apply even when a receiving party has beaten their own Part 36 offer…
CIVIL LITIGATION AND THE MARTIAL ARTS: McGANN -v- BISPING: ROUND 1: DISPUTING THE AUTHENTICITY OF DOCUMENTS WITHOUT SERVICE OF A NOTICE UNDER CPR 32.19
The judgment today in McGann v Bisping [2017] EWHC 2951 (Comm) involves multiple issues in relation to civil evidence, procedure and witness credibility. Here I want to look at just one issue – the failure to serve a notice under CPR…
INTERIM PAYMENTS: CHANGE IN THE DISCOUNT RATE AND EELES: THE ISSUES ADDRESSED HEAD ON: INTERIM PAYMENT OF £2.4 MILLION GRANTED
The problems caused to personal injury claimants by the change in the discount rate were addressed directly by His Honour Judge Curran (sitting as a High Court Judge) in Porter v Barts Health NHS Trust [2017] EWHC 3205 (QB). The court…
LAST REMINDER OF NEW YEAR’S RESOLUTION FOR 2017: WITHOUT NOTICE APPLICATIONS ARE SO, SO, DANGEROUS: THE DUTY OF FULL DISCLOSURE EXTENDS TO WEAKNESSES IN YOUR OWN CASE
The one New Year’s Resolution I recommended to litigators for 2017 was to be very, very, wary of without notice applications. As we get near to the end of the year this advice is borne out by the judgment of…
COUNTY COURT HAS POWER TO SET ASIDE A JUDGMENT AFTER TRIAL – IF IT WAS OBTAINED BY FRAUD
The decision in Salekipour & Anor v Parmar [2017] EWCA Civ 2141 was made after three previous hearings a (including two appeal hearings) in the lower courts. It was the only time the claimants were successful. It involved an important procedural…
COURT OF APPEAL STATES INDEMNITY COSTS SHOULD HAVE BEEN AWARDED: SHOULD HAVE BEEN MORE BULLISH IN BRADFORD…
It is unusual for the Court of Appeal to interfere with a discretionary order in relation to costs. It is even more unusual for the court to replace an order for costs on the standard basis with indemnity costs. This…
COSTS DISALLOWED IN FULL DUE TO MISCONDUCT IN ASSESSMENT PROCESS: COURT OF APPEAL DECISION
In GSD Law Ltd v Wardman & Ors [2017] EWCA Civ 2144 the Court of Appeal upheld a decision whereby the claimants’ costs were disallowed because of misconduct during the assessment process. “The alleged misconduct in this case goes to…
WRITING TO THE COURT ON A UNILATERAL BASIS: COURT OF APPEAL SAYS DON’T DO IT
Several passages in the judgment in Zuma’s Choice Pet Products Ltd & Anor v Azumi Ltd & Ors [2017] EWCA Civ 2133 emphasise a point made earlier this year. A litigant should not write to the court on a unilateral basis….
DEFENDANT GIVEN PERMISSION TO WITHDRAW ADMISSION: CHANGE IN VALUE OF THE CLAIM IS A RELEVANT CRITERIA
An earlier post looked at the decision in Wood -v- Days Health UK Ltd & Others [2016] WHC 1079 (QB) where a defendant was refused permission to withdraw from an admission. That decision was overturned by the Court of Appeal in Wood…
RELIEF FROM SANCTIONS NOT GRANTED WHEN CLAIMANT ISSUES IN BREACH OF CIVIL RESTRAINT ORDER
In Couper v Irwin Mitchell LLP & Ors [2017] EWHC 3231 (Ch) Mr Justice Arnold refused the claimant’s application for relief from sanctions when the claimant had issued proceedings in breach of a civil restraint order. The claimant, however, was given…
DENTON PRINCIPLES LEAD TO APPLICATION FOR WASTED COSTS BEING STRUCK OUT: THE CONTINUANCE OF THE APPLICATION WAS DISPROPORTIONATE
The Denton principles were applied by the Administrative Court in Haigh v Westminster Magistrates Court & Or [2017] EWHC 3197 (Admin) when striking out an application for wasted costs. “It must not be forgotten that these are satellite proceedings, adjectival to…
