FATAL ACCIDENTS: AVOIDING THE PITFALLS: WEBINAR 29th MARCH 2019
I am presenting a webinar on avoiding the pitfalls in fatal accident claims on the 29th March 2019, 1 – 2 pm. The idea came about from of a number of search terms that led to this blog, including “fatal…
PROVING THINGS 137: PROVING A DEFENCE TO A COUNTERCLAIM: NO EVIDENCE TO PROVE MATTERS – THEN JUDGMENT IS GOING TO BE ENTERED AGAINST YOU
The judgment in UK Dry Risers Ltd v Maher [2019] EWHC 44 (QB) shows the importance of being able to prove a defence to a counterclaim. The claimant succeeded on a claim for £3,690.72, the defendant obtained a judgment for £13,628.00. …
THE SPI NORTH (NON-ADMISSION IN PLEADING CASE) IN THE COURT OF APPEAL: THE SECOND POINT: COMPELLING EVIDENCE NEEDED AND NO SATELLITE LITIGATION PLEASE
Yesterday’s post on SPI North Ltd v Swiss Post International (UK) Ltd & Anor [2019] EWCA Civ 7 concentrated upon the Court of Appeal guidance in relation to the drafting of a pleading. However the second point on which the claimant’s appeal …
YOU CAN’T MAKE SOMEONE BANKRUPT IF THEY’VE GOT NOTHING: AN INTERESTING APPEAL
In Lock v Aylesbury Vale District Council [2018] EWHC 2015 (Ch) HHJ Hodge QC (sitting as a High Court judge) allowed an appeal against the granting of a bankruptcy petition. Essentially the petition should have not have been granted because the…
THE BUSINESS AND PROPERTY COURTS: GUIDANCE FOR THOSE WHO GO LIVE AT LEEDS
HHJ Malcolm Davis-White QC has sent out guidance for the County Court at Leeds Property and Business Work. Solicitors and advocates may want to note the strictures in relation the filing of bundles and skeleton arguments in particular. Note it…
LEGAL FUTURES CIVIL LITIGATION CONFERENCE 19th MARCH 2019 (IF CARLSBERG DID CONFERENCES ABOUT LITIGATION…)
The Legal Futures Civil Litigation Conference is on the 19th March this year at the Grand Connaught Rooms in London. Details of the day and how to book can be found here. This should be a highly informative day. “This conference…
“A MISUSE OF JUDICIAL POWER”: A WITNESS SPEAKING TO LAWYER IN THE COURSE OF GIVING EVIDENCE DOES NOT JUSTIFY COMMITTAL OR STRIKING OUT A CASE
In the judgment today in Hughes Jarvis Ltd v Searle & Anor [2019] EWCA Civ the Court of Appeal robustly overturned a decision committing a witness to prison and striking out a case. It was found that the trial judge had,…
THE DEFENDANT’S “WRONG” APPLICATION TO DISPUTE JURISDICTION WAS STILL VALID: DEFENDANT ALLOWED EXTENSION OF TIME AND TO CORRECT APPLICATION
Twelve years ago, in Hoddinott and others v Persimmon Homes (Wessex) Limited [2007] EWCA Civ 1203; [2008] 1 WLR 806, the Court of Appeal held that the correct way for a defendant to challenge the validity of a claim form was to issue…
CIVIL PROCEDURE BACK TO BASICS 23: YOU CAN’T SUE THE DEAD: BUT YOU CAN SUE THEIR ESTATE: WHAT TO DO IF THERE IS NO ESTATE
This post is due to a search term that arrived on this blog today “how to join a deceased person to litigation”. The simple answer is that you can’t. An action has to be against the deceased’s estate. Attempting to…
WITNESS STATEMENTS AND TRANSLATION: WHY YOU CAN’T RELY ON PD 22 IN RELATION TO WITNESS STATEMENTS
This is the third post on this subject in one day. Someone responded to the first post on the need to for witness statements to be in the language of the witness by asserting that Practice Direction 22 could relied…
THE STATEMENT OF TRUTH AND WITNESSES WITH POOR ENGLISH: PRACTICE DIRECTION 22
The post earlier today about witness statements in a foreign language led (almost immediately) to a telephone enquiry as to what happens when a party cannot read or understand the statement of truth in a statement of case. The answer…
WHEN A WITNESS CANNOT SPEAK ENGLISH: INTERPRETING THE RULES: GUIDANCE FROM THE CASES
If a witness cannot speak English and a witness statement is required what needs to be done? There are several cases where the issue of translation has caused a problem at trial. The best guidance comes from the Family Division….
SKELETON ARGUMENTS: BE SUCCINCT AND TO THE POINT: “THE ISSUE WAS ALL BUT LOST IN THE PLETHORA OF PAPER”: COURT OF APPEAL FIRES WARNING SHOT
Now that Lord Justice Jackson has retired someone needs to take his place to provide the (more or less quarterly) reminder to practitioners to keep skeleton arguments short and to the point. Step in Lord Justice Hickinbottom in Harverye v The…
BEING A LITIGATOR: “WHAT I’D TELL A YOUNGER ME” 2: BRIE STEVENS-HOARE QC
In the second in this series I popped into chambers at Hardwicke and spoke to property and probate law litigator Brie Stevens-Hoare QC. A QC since 2013 Brie is also Deputy Adjudicator to HM Land Registry and sits as a fee-paid…
ADVERSE INFERENCES DRAWN WHEN SOLICITOR DID NOT GIVE EVIDENCE: IF YOU’VE HAD £22 MILLION YOU NEED TO EXPLAIN IT
In The Lord Chancellor v Blavo & Co Solictors Ltd & Anor [2018] EWHC 3556 (QB) Mr Justice Pepperall found it was appropriate to draw adverse inferences when key participants did not give evidence. It is another example of the principles…
CIVIL LITIGATION REVIEW OF 2018 3: THE OPENING LINES OF JUDGMENTS: THE CACTI WINS IT…
Every year we look at the contenders for the best opening lines of a judgment. This year we have even looked abroad. The winner comes, perhaps surprisingly, from the Intellectual Property and Enterprise Court. THE TATOO ARTIST -v- THE…
CIVIL LITIGATION REVIEW OF 2018 2: CASE OF THE YEAR: HOW WINNING ON A PRELIMINARY ISSUE CAN LEAD YOU UP THE GARDEN PATH
There are no objective criteria for selecting case of the year. This year I have chosen Burges & Anor v Lejonvarn [2018] EWHC 3166 (TCC). This case is a classic illustration of a basic failure to prove things. It is of central…
CIVIL LITIGATION: REVIEW OF 2018 1: FACTS AND FIGURES: MOST READ POSTS & INTERESTING SEARCH TERMS
Rather than try one all-encompassing review of the year this will be done in a series of posts. THE TOP TEN BLOG POSTS OF 2018 With over 1, 145,000 views the blog remains fairly popular. It is interesting to see…
THE WITNESS WHOSE STATEMENT WAS “SOMEWHAT FICTIONAL”: EXCELLENT EXPERTS WHO ROSE ABOVE THE FRAY
There are several aspects of the judgment in JAH v Burne & Ors [2018] EWHC 3461 (QB) that are of interest to civil litigators. Firstly it is another example of a case where the claimant’s witness statement was not accepted (at…
BACK TO BASICS 14: SERVICE OF THE CLAIM FORM ON A SOLICITOR
In the case I wrote about yesterday, Higgins & Ors v TLT LLP [2017] EWHC 3868 (Ch), the very basic errors made by the claimant’s solicitor in relation to service of the claim form were held to amount to “misconduct” (albeit in…
