THE CIVIL PROCEDURE BACK TO BASICS SERIES 20: A RECAP

THE CIVIL PROCEDURE BACK TO BASICS SERIES 20: A RECAP

The purpose of this series is to provide short and basic summaries of some of the key points of civil procedure. Often a post is due to an observation made in a recent case, a comment on Twitter or a…

COSTS WHERE A PARTY SUES A NUMBER OF DEFENDANTS: DEFENDANTS ORDERED TO PAY SUCCESSFUL DEFENDANT’S COSTS: HIGH COURT APPEAL

I am grateful to Thomas Riis-Bristow, Associate Solicitor at Irwin Mitchell, for sending me a copy of the judgment of Mr Justice Lavender in McDermott -v- Inhealth Limited (19/07/2018),  This deals with the issue of the appropriate costs order when…

THE JUDGE'S ROLE WHEN A PARTY DOES NOT ATTEND TRIAL: SECTION 33 APPLICATION ALLOWED WHEN PROCEEDINGS ISSUED 22 YEARS AFTER ASSAULTS

THE JUDGE’S ROLE WHEN A PARTY DOES NOT ATTEND TRIAL: SECTION 33 APPLICATION ALLOWED WHEN PROCEEDINGS ISSUED 22 YEARS AFTER ASSAULTS

In the judgment today in LXA & Anor v Willcox [2018] EWHC 2256 (QB) His Honour Judge Robinson (sitting as a Judge of the High Court) had to consider two issues: (i) the appropriate role of the judge when a…

WITNESSES, SEARCHES, CREDIBILITY AND... BEDS: AN AVERAGE DAY IN THE INTELLECTUAL PROPERTY ENTERPRISE COURT: NAILING JELLY TO THE WALL

WITNESSES, SEARCHES, CREDIBILITY AND… BEDS: AN AVERAGE DAY IN THE INTELLECTUAL PROPERTY ENTERPRISE COURT: NAILING JELLY TO THE WALL

The judgment  in  Birlea Furniture Ltd v Platinum Enterprise (UK) Ltd & Anor [2018] EWHC 26 (IPEC) has some interesting lessons for all litigators. Not least the need to be on guard in relation to search terms and search criteria.  …

ADVOCACY: THE JUDGE'S VIEW: THAT DIFFICULT SECOND SERIES 1: LEARNING FROM THE MASTERS

ADVOCACY: THE JUDGE’S VIEW: THAT DIFFICULT SECOND SERIES 1: LEARNING FROM THE MASTERS

Last year I wrote a series on Advocacy the Judge’s view.  There were ten posts which culled guidance from judges around the world. I had no plans to write another. However I read the article by Master David Cook “Advocacy…

PROVING THINGS 70: CAUSATION HAS TO BE ESTABLISHED AND WILL NOT BE INFERRED: PRIVY COUNCIL DECISION

PROVING THINGS 70: CAUSATION HAS TO BE ESTABLISHED AND WILL NOT BE INFERRED: PRIVY COUNCIL DECISION

Most of the cases looked at  in the Proving Things series have, inevitably, been first instance decisions.  To mark the 70th in the series we are looking at a Privy Council decision, Petroleum Company of Trinidad and Tobago Ltd v Ryan…

INFERENCES TO BE DRAWN FROM ABSENT WITNESSES: RIVA PROPERTIES -v- FOSTER AGAIN

INFERENCES TO BE DRAWN FROM ABSENT WITNESSES: RIVA PROPERTIES -v- FOSTER AGAIN

I am returning (and not for the last time) to the judgment of Mr Justice Fraser in Riva Properties Ltd & Ors v Foster + Partners Ltd [2017] EWHC 2574 (TCC). This time on the issue of the inferences that the…

MYTHS ABOUT LIMITATION 9: DISABILITY DOES NOT SUSPEND THE LIMITATION PERIOD: ONCE THE GENIE IS OUT OF THE BOTTLE IT CAN'T GET BACK IN

MYTHS ABOUT LIMITATION 9: DISABILITY DOES NOT SUSPEND THE LIMITATION PERIOD: ONCE THE GENIE IS OUT OF THE BOTTLE IT CAN’T GET BACK IN

I wrote about this issue recently. It makes sense to include it in this series.  This myth considered here is that disability “suspends” a limitation period.  This is a safe assumption if a claimant has never had capacity since the…

WITNESS STATEMENTS: SAYING "I AGREE WITH HIM" IS HARDLY GOOD PRACTICE

WITNESS STATEMENTS: SAYING “I AGREE WITH HIM” IS HARDLY GOOD PRACTICE

Large number of litigants pay large amounts of money to their lawyers to draft witness statements. This blog often documents the problems caused by witness statements that are simply inadequate. The issues of inadequate witness statements is seen again in…

APPLICATIONS TO RECUSE HAVE NO SPECIAL STATUS AND SHOULD BE MADE PROPERLY AND PROMPTLY

APPLICATIONS TO RECUSE HAVE NO SPECIAL STATUS AND SHOULD BE MADE PROPERLY AND PROMPTLY

In Miley -v- Friends Life Limited [2017] EWHC 1583 (QB) Mr Justice Turner made some important applications in relation to applications that a judge recuse themselves.   THE CASE The action concerned the question of whether the defendant should continue…