PROVING THINGS 63: LAW SOCIETY FAILS TO PROVE IT MAKES A LOSS: “DISAPPOINTING, TO SAY THE LEAST”
The Law Society put forward a budget of £637,000* to defend the action in Socrates Training Limited -v- The Law Society of England and Wales [2017] CAT 10. The Law Society, however suffered from a basic failure to prove one…
EXPERTS AND EVIDENCE: WHEN THE CASE GETS PIECED TOGETHER ON THE EVE OF THE TRIAL
In the course of a very detailed judgment today in a clinical negligence case Mr Justice Langstaff made some important observations about expert evidence. He observed that late evidence may lead to costs consequences. Given that the whole rationale of…
LIES, DAMN LIES AND CAR HIRE QUOTES: COMPUTER RECORDS, AND INTERNAL DOCUMENTS PREFERRED TO WITNESS EVIDENCE
The judgment in Accident Exchange Limited -v- Broom [2017] EWHC 1096 (Admin) shows a deliberate, and concerted, effort to undermine the civil justice process. It also shows the importance of obtaining computer records, and internal documentation when preparing a trial….
WHAT CAN A DEFENDANT ARGUE ABOUT DAMAGES WHEN ITS DEFENCE IS STRUCK OUT? NOTHING
What is the position of a defendant whose action has been struck out? This was the question considered by Mr Justice Soole in Michael -v- Phillips [2017] EWHC 1984 (QB). The short answer is the defendant cannot dispute any aspect…
PRE-ACTION DISCLOSURE: NOT GRANTED WHEN THE PURPOSE WAS TO SEEK DETAILS OF DEFENDANT’S INSURANCE COVER
In Peel Port Shareholder Finance Company Ltd-v- Dornoch Ltd [2017] EWHC 876 (TCC) Mr Justice Jefford refused an application for pre-action disclosure of an insurance policy. There is an interesting discussion of the scope of pre-action disclosure and the interrelationship…
PRESSING THE WRONG BUTTON: THE PERILS OF EMAIL “REPLY ALL” IN LITIGATION (OR ARBITRATION)
Many, if not all, of us will have made some errors with emails on some occasion. There is a danger, however, when this happens in litigation. This can be seen in the judgment of Mr Justice Popplewell in T -v-…
TWITTER, LIBEL AND EVIDENCE: THE KATIE HOPKINS JUDGMENT
The judgment of Mr Justice Warby in Monroe -v- Hopkins [2017] EWHC 433 (QB) has already attracted a lot of attention. Here I want to look at the issues relating to the evidence. The case is one of the…
DISCLOSURE, CASE MANAGEMENT, THE COLLATERAL USE OF DOCUMENTS AND PROPORTIONALITY
There are some passages in the judgment of Mr Justice Knowles in Tchenguiz -v- Grant Thornton UK LLP [2017] EWHC 310 (Comm) which highlight, succinctly, the nature of disclosure and the scope of “collateral use protection” in relation to documents…
E-DISCLOSURE: UNLESS ORDERS: STRIKING OUT, COMPLIANCE AND DENTON: DEFENDANTS COME TO GRIEF
There is a lot to consider in the judgment today of Mr Justice Green in Micheal -v- Phillips [2017] EWHC 42 (QB). It relates to inadequate disclosure; retention of electronic documents; peremptory orders and relief from sanctions. Things did not…
FIXED COSTS APPLY TO APPLICATIONS FOR PRE-ACTION DISCLOSURE: COURT OF APPEAL DECISION TODAY
The Court of Appeal judgment today in Sharp -v- Leeds City Council [2017] EWCA Civ 33 deals with an important point about fixed costs and applications for pre-action disclosure. KEY POINTS An application for pre-action disclosure made by a claimant…
SOCIAL MEDIA: THE BLACK COUNTRY AND CRUISING FOR A FALL: DEFENDANT FILM THYSELF
It is easy to cause problems on social media. It is particularly easy to cause problems for yourself. We have looked several times at the role of social media in the courts. Another example can be found in the judgment…
WHAT THEY DON’T TEACH YOU AT LAW SCHOOL VI: NEVER WRITE ANYTHING DOWN THAT YOU WOULDN’T WANT READ OUT IN OPEN COURT
One rule that every lawyer should learn is that if you write, type, email or text anything you live with the risk that it could end up being read out in court. There are plenty of examples of emails, attendance…
MINISTRY OF DEFENCE REFUSED EXTENSION OF TIME TO COMPLY WITH PEREMPTORY ORDER: ORDERS ARE ORDERS
In Eaglesham -v- Ministry of Defence [2016] EWHC 3011 (QB) Mrs Justice Andrews DBE refused the defendant’s application for an extension of time for compliance with an unless order. The Defence was struck out. “A party who faces genuine difficulties…
WITNESS STATEMENTS & DISCLOSURE: OMISSIONS MEAN THAT CASE FAILS AT SECOND HURDLE AND HAS TO GO BACK TO THE START
S When a proponent of proportionate litigation, such as Jackson L.J., orders a retrial in a case where the judgment was for £4,449 the case merits examination. In Knowles -v- Watson [2016] EWCA Civ 1122 a re-trial was ordered because…
LEGAL REPRESENTATIVE SIGNING THE DISCLOSURE STATEMENT II: SEE WHAT THE COMMERCIAL COURTS GUIDE SAYS: BUT…
The post on legal representatives signing the disclosure statement written earlier in the week had a lot of response. My attention has been drawn to the Admiralty & Commercial Courts Guide which suggests (in certain undefined circumstances) a legal representative…
SOLICITOR SIGNING THE STATEMENT OF TRUTH IN A DISCLOSURE STATEMENT: NOT PERMISSIBLE AND NOT ADVISABLE
There has been a lot of discussion on Twitter recently in relation to a search term that arrived on this blog “solicitor signing disclosure statement”. So many people contributed to that discussion that I cannot thank them all. However it…
THE PARTIES CANNOT CONTRACT OUT OF COSTS BUDGETING (& A LITTLE BIT ABOUT WITHOUT PREJUDICE CORRESPONDENCE)
An earlier post dealt with the decision of Mr Justice Roth in Agents’ Mutual Limited -v- Gascoigne Halman [2016] CAT 21. However an earlier ruling in the same case contains a consideration of whether the parties can agree to sidestep budgeting….
THIS COSTS BUDGETING THING – IT IS NOT THAT IMPORTANT: WELL THINK AGAIN
There are some important observations made by Mr Justice Roth in Agents’ Mutual Limited -v- Gascoigne Halman Limited [2016] EWHC 2315 (Ch) in relation to both costs budgeting and security for costs. KEY POINTS There is no duty on a…
CHALLENGING VIDEO SURVEILLANCE BY THE USE OF EXPERT EVIDENCE: THE PREQUEL
Last month I wrote about the decision of Mr Justice Edis in Hayden -v- Maidstone & Tunbridge Wells NHS Trust [2016] EWHC 1962 (QB). One of the many issues the judge considered in that case was the admissibility of expert evidence to…
IT IS THE CLIENT THAT SHOULD GIVE THE EVIDENCE NOT THE SOLICITOR: ALSO VERY LATE DISCLOSURE
Why should a lawyer ever want to give evidence. What practical value does evidence given by a lawyer have when their clients could have been called? These were issues considered today by Master Marsh in his judgment in Pineport Limited…