This section looks at decisions in relation to relief from sanctions and the general principles of CPR 3.9. Often there are links to the decisions themselves, together with links to posts on this blog. A USEFUL GUIDE – BY SUBJECT…
There is another aspect of the judgment in Elgamal v Westminster City Council [2021] EWHC 2510 (QB) that needs consideration. The judgment on fundamental dishonesty was considered in the previous post. The defendant was unsuccessful in their appeal against the…
In Elgamal v Westminster City Council [2021] EWHC 2510 (QB) Mr Justice Jacobs rejected an appeal from a defendant that argued the trial judge should have found a claimant to be fundamentally dishonest. “The Defendant’s argument, based on the word…
In Edwards & Ors v Slater & Gordon UK Ltd [2021] EWHC B19 (Costs) Costs Judge Rowley considered several procedural issues in relation to ongoing solicitor and own-client assessments. THE CASE Some 134 cases are being brought by Clear Legal…
Every couple of years I repost the second post ever on this blog –“suing the man of straw”. The points made remain a surprise to many. An injured claimant may be able to recover unpaid damages from their own insurer….
Now that the nights are drawing in people’s thoughts will, almost invariably, be drawn towards matters of civil evidence and the need to prove things. To cater for this I am presenting six webinars , covering key aspects of civil…
We have seen many cases in relation to late service of the claim form. Different rules, and assumptions, apply to the particulars of claim. Over the years there have been many cases where service of the Particulars has caused…
In Trebisol Sud Ouest SAS & Anor v Berkley Finance Ltd & Ors [2021] EWHC 2494 (QB) Charles Morrison (sitting as a Deputy High Court Judge) considered the issue of whether the terms of Tomlin Order are enforceable within the…
In A (a minor) by her litigation friend FA -v- Akram [2021] EWHC 2467 (QB), 2021 WL 04111024 HHJ Bird (sitting as a High Court judge) rejected an argument that a nine year old child had been contributory negligent. It…
A number of people have kindly written to point out that issues relating to service of the claim form are in the news at the moment. The subject may have an interest beyond those of us involved in civil procedure. …
In Windmill Holdings SPV Ltd v Adams & Anor (LAND REGISTRATION – ADVERSE POSSESSION – evidence) [2021] UKUT 228 (LC) The Upper Tribunal (Lands Chamber), Judge Elizabeth Cooke, upheld the decision of the First-tier tribunal excluding certain evidence on the…
Since issues relating to personal service of proceedings are in the news this may a good time to review the principles. In Tseitline -v- Mikhelson [2015] EWHC 3065 (Comm) Mr Justice Phillips reviewed the rules as to whether effective personal…
In Blackpool Football Club Ltd v DSN [2021] EWCA Civ 1352 the Court of Appeal considered, and upheld, a decision on Section 33 where the discretion was exercised in favour of the claimant. This was in the context, however, of…
In Mahandru v Nielson [2021] EWHC 2297 (QB) Mrs Justice Steyn DBE considered what costs should be awarded when a respondent had successfully defended an appeal but not filed a costs schedule. The answer, in that case, was to simply…
The rules currently provide that application for permission to appeal to the judge who made the decision must be made to the lower court at the hearing at which the decision to be appealed was made. If an application is…
In Francis v F Berndes Ltd & Ors [2021] EWHC 2350 (Ch) Deputy Master Linwood dismissed the claimant’s application to resurrect an application to amend which had been made nine years previously. THE CASE The claimant brought an action…
Another amendment introduced by The Civil Procedure (Amendment No. 4) Rules 2021 is an addition to the definition section of CPR Part 2 to make it clear that the prohibition on “tape recording” extends to any other device that can be…
There is a new batch of rules coming into force on the 1st October 2021, introduced by The Civil Procedure (Amendment No. 4) Rules 2021. Here we look at the rules relating to interim payments. WHAT THE CHANGES DO…
So far this year there have been over half a dozen cases relating to mis-service of the claim form reported on this blog. In many of the cases the claimant’s difficulties appear to be virtually self-inflicted. Several of the cases…
There are some similarities between the case of Serene Construction Ltd v Salata and Associates Ltd & Ors [2021] EWHC 2433 (Ch) and the previous post in this series. In both cases the claimant’s case related to the valuation of…
After a consultation process the Ministry of Justice has produced “Court and Tribunal Fees The Government response to the consultation on ‘Increasing selected court fees and Help with Fees income thresholds by inflation’ IN A NUTSHELL Court fees will be…