CIVIL PROCEDURE – BACK TO BASICS 3: THE STATEMENT OF TRUTH
The aim of this series is to look at things that litigators do every day – almost automatically. Signing a statement of truth is one of those things. This is a regular occurrence in many solicitor’s offices. It is a…
PROVING THINGS 88: MATTERS YOU HAVE TO PROVE IF YOU WANT AN INJUNCTION: THE IMPACT OF A SIX MONTH DELAY IN APPLYING
In Blade Motor Group Ltd v Reynolds & Reynolds Ltd [2018] EWHC 497 (Ch) an applicant for an injunction failed because it failed to prove the basic requirements. The fact that there was a six-month delay in applying for the injunction…
CIVIL PROCEDURE – BACK TO BASICS 2: “EVIDENCE IN SUPPORT” OF AN APPLICATION
The previous post looked at some of the basic requirements of an application to the court. Here we look at the evidence that may be needed in support of an application. The key point here being “evidence”. Numerous hours are…
CIVIL PROCEDURE – BACK TO BASICS 1: THE HUMBLE APPLICATION: WORDING AND TIMING
Last year I was giving an in-house talk at a very prominent firm of litigation solicitors. The litigation partner present (a person of immense experience) made the point that the firm were continually having talks and education on esoteric and…
LISTING IN THE COUNTY COURT: AN EVERY DAY STORY OF EVER DAY FOLK: “WE’VE GOT NO JUDGES”
Problems with listing are one of the hidden problems of civil procedure. Hearings are listed and then pulled out at the last moment, often after the parties have arrived at court. This is an issue that should be publicised. It…
PART 36: ADDITIONAL AMOUNTS AFTER DEFENDANT FAILS TO BEAT CLAIMANT’S 36 OFFER: OFFER “IN THE BAG” SO DECISION CAN BE DEFERRED
We have already looked at the decision in JMX (A child by his Mother and Litigation Friend, FMX) v Norfolk and Norwich Hospitals NHS Foundation Trust [2018] EWHC 185 (QB) where Foskett J decided that a 90% offer on liability was a…
SERVICE OF THE CLAIM FORM AT THE “OLD ADDRESS”: THE HIERARCHY OF MEASURES A CLAIMANT HAS TO TAKE
A search term arrived on this blog today “Service of claim form at old address”. This is an interesting issue to look at following the earlier posts on service. In particular the hierarchy of measures a claimant is required to…
THE SECRET BARRISTER AND CIVIL LITIGATORS 3: “WHAT ABOUT OUR STATISTICS: “AN OUTRAGEOUS INTERFERENCE WITH THE RULE OF LAW
Chris Dale has done a proper. full-blown, review of SB’s book. I’m still looking at it piecemeal. Here I want to look at “targets”, statistics and the dangers they pose to the administration of justice. SB ON STATISTICS SB gives…
WHEN THE JUDGE IS ENTITLED NOT TO DECIDE ON THE EVIDENCE: PLUS THE IMPORTANT ISSUE OF CONDUCT AND COSTS
The Court of Appeal decision today in Constandas v Lysandrou & Ors [2018] EWCA Civ 613 illustrates two distinct issues: The position when a judge is unable to make a finding on the evidence. What conduct can lead to a successful…
THE SECRET BARRISTER AND CIVIL LITIGATORS 2: THE ESSENTIAL ROLE OF THE LITIGATION SOLICITOR
I am back to my review of the book that everyone is reading, the Secret Barrister’s “Stories of the Law and how its Broken”. I’ve already have people ask me not to give too much away – “don’t spoil the plot”. I…
THE ADDRESS FOR SERVICE OF THE CLAIM FORM: HAVE YOU GOT A SYSTEM? LITIGATING OR WINGING IT?
Do you know the address for service of all your cases? Are you sure? Looking at the decision in Woodward & Anor v Phoenix Healthcare Distribution Ltd [2018] EWHC 334 (Ch) brings out the point as to how insouciant litigators can be…
STRIKING OUT A DEFENCE: FONT SIZE, LINE SPACING AND A MAXIMUM PAGE LENGTH ORDERED: PLEADINGS THAT “TEND TO OBFUSCATE RATHER THAN CLARIFY THE ISSUES”
In Brown & Anor (t/a Maple Hayes Hall School) v AB [2018] EWHC 623 (QB) Mr Edward Pepperall QC (sitting as a Deputy High Court Judge) struck out a defence that was . In giving the defendant another chance he made…
SERVICE OF THE CLAIM FORM: DEFENDANTS HAVE A DUTY UNDER THE CPR TO POINT OUT TECHNICAL ERRORS (OR WHY LIFE HAS SUDDENLY GOT A LOT HARDER FOR DEFENDANT LAWYERS)
NB THIS DECISION WAS OVERTURNED ON APPEAL – SEE THE POST HERE I wrote earlier this week about the “tantalising” judgment of Master Bowles in the case of Woodward & Anor v Phoenix Healthcare Distribution Ltd [2018] EWHC 334 (Ch). At…
PROCEDURAL DEFECTS AND CPR 3.10: CONSIDERATION BY THE COURT
The judgment in Baxendale-Walker v APL Management Ltd [2018] EWHC 543 (Ch) covers several issues relating to procedure. Here I want to look at the assertions made in relation to procedural defects. The judge held that some procedural errors by the…
DELAY IN GETTING TO TRIAL – AND ITS NOT THE COURT’S FAULT: COUNSEL’S AVAILABILITY AND DELAYS – A REMINDER OF THE JIGSAW PROBLEM…
There is often much criticism about the length of time it takes to obtain a trial date. The observations of Mr Justice Fraser in Dacy Building Services Ltd v IDM Properties LLP [2018] EWHC 178 (TCC) indicate that it is not…
LITIGATORS – MISSED A DEADLINE? DON’T DIG BIGGER HOLES FOR YOURSELF: DIG YOURSELF OUT (WITH A LITTLE HELP FROM YOUR FRIENDS)
The decision in Wingate & Anor v The Solicitors Regulation Authority [2018] EWCA Civ 366 may well be Jackson L.J’s last judgment (certainly as a full time judge). It concerned the conduct of solicitors. I want to look at one aspect…
SIR RUPERT JACKSON ON THE DAY OF HIS RETIREMENT: A REVIEW OF SOME JUDGMENTS ON PROCEDURE
It is well known that Sir Rupert Jackson retires on the 7th March. There are several reviews of the work Sir Rupert has done in re-shaping civil procedure. Here I want to look at a few of his judgments that…