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…
It is likely that the Coronavirus epidemic is going to give rise to many issues in litigation. Some of them unusual and unprecedented. An example can be seen in the judgment today in Dinglis v Dinglis & Ors [2020] EWHC…
![JUST BECAUSE YOU GIVE EXPERT EVIDENCE THAT DOESN'T MAKE YOU AN EXPERT: "ONE OF THE MOST EGREGIOUS AND NAKED USURPATION[S] OF THE FUNCTIONS OF THE COURT THAT I HAVE EVER SEEN"](https://i0.wp.com/www.civillitigationbrief.com/wp-content/uploads/2020/06/calculator_count_statistics_1277492.jpg?resize=150%2C150&ssl=1)
Last week the “Covid Repeats” posts on this blog highlighted a few (and just a few) of the cases where judges had been critical of the role of experts, or experts involved in cases has been problematic. That this remains…
This morning the Ministry of Justice announced a reduction of interest rates for the Courts Funds special and basic accounts, effective from today (1st June 2020). THE ANNOUNCEMENT “Due to the impact of Covid-19, the Bank England reduced the base…
This week we are looking at past posts and cases on witness statements and witness evidence. This is an area with no shortage of cases to choose from. I have made the point, many times, that witness statements are basically…
There has been no shortage of cases about experts to revisit on this blog. For the last look back at experts were are returning to a fairly unusual case. The facts in relation to the Defendant’s expert witness in the…
The previous two posts on this blog have been warning against complacency in relation to the Denton principles. This is the third in that series. In Magee v Willmott [2020] EWHC 1378 (QB) Mrs Justice Yip allowed an appeal in…
In the judgment discussed earlier today in Tully v Exterion Media (UK) Ltd & Anor [2020] EWHC 1119 (QB), Master McCloud, made some important observations in relation to how the courts deal with surveillance evidence. As a result of that…
Anyone who has had the pleasure of hearing Professor Dominic Regan lecture will know that he gives a constant warning that the Denton principles have not gone away. In relation to the late service of budgets in particular, but in…
Possibly the most difficult position you could put yourself in in litigation is for the court to make an order, do something the court did not allow, not get permission in advance, and then seek relief from sanctions thereafter. …
The impartiality, or otherwise, of expert witness witnesses was in the news in June 2014. Since expert evidence has been a constant theme on this blog. This would seem an appropriate time to revisit a post about the cross-examination of…
Today we are looking again at the judgment of Mrs Justice Cox in Sinclair -v- Joyner [2015] EWHC Civ 1800 (QB). Some important observations about the role of the expert and the conduct of the expert instructed by the defendant…
The Club may be unique in legal history because, in addition to promoting knowledge and skills about litigation, the constitution also has the aims of promoting laywers playing and listening to mandolin music. That is just one of the reasons…
The “Covid Repeats” series next week will revisit some of those (many) cases where judges have found witness statements to be inadequate. The inclusion of unnecessary matters in witness statements is a continuing issue. It can be seen in the…
Problems with experts are very similar across all jurisdictions. The case of Pabon, R v [2018] EWCA Crim 420 is an illuminating one. A decision of the Court of Appeal Criminal Division it shows the dangers when an expert does not comply…
Offers of settlement can, and often are, made outside the ambit of Part 36. In MEF v St George’s Healthcare NHS Trust [2020] EWHC 1300 (QB) Mr Justice Morris considered issues relating to late acceptance of offers. The case shows…
Hammersmith & Fulham Law Centre are raising money for the London Legal Support Trust by doing 10,000 steps for justice on the 8th June. THE VIDEO To raise support the law centre has produced a video of their staff and…
I am grateful to Christopher Kardahji from Irwin Mitchell solicitors for sending me a copy of the judgment of Mr Justice Freedman in Lenord -v- First Manchester Limited [2020] EWHC 982 (QB). The judgment contains a detailed analysis of the…
In London Borough of Hackney -v- Okoro [2020] EWCA Civ 681 the Court of Appeal found that the automatic stay on possession proceedings also applies to appeals against possession orders. THE CASE The Court of Appeal were asked…
On the 8th June I am giving a webinar on the important issues of damages in anticipation of death. This looks at damages for reduced life expectancy and the practical steps lawyers can take in these difficult and tragic cases. …
Today we are looking back at the case of Hirtenstein -v- Hill Dickinson LLP [2014] EWHC 2711 (Comm) contains many interesting lessons for those involved in professional negligence litigation in particular. Here I just want to concentrate upon two:…