PART 36: CONDUCT & REDUCTION OF CLAIMANT'S COSTS: A SETTLEMENT STRATEGY THAT WAS "COMPLETELY UNREALISTIC"

In Moradi v The Home Office (Costs) [2022] EWHC 3125 (KB) HHJ Tindal (sitting as a High Court Judge) considered the appropriate costs consequences where a case settled on the eve of trial.  The defendant made a Part 36 offer…

In N (A Child), Re (Instruction of Expert) [2022] EWCA Civ 1588 the Court of Appeal rejected an argument that a single joint expert should have been male.  The judgment emphasises the point that a party wishing to argue for…

The post yesterday dealt with a case where the claimants failed in its attempt to go behind the defendant’s experts in a case where the claimants’ expert was never disclosed. Similar issues were considered in the interesting decision of the…

WHEN YOU HAVEN'T CALLED YOUR OWN EXPERT BUT WANT TO CRITIQUE THE EXPERT FOR THE OTHER SIDE: THIS IS NEVER GOING TO BE EASY

In White & Ors v Secretary of State for Health and Social Care [2022] EWHC 3082 (KB) Jeremy Hyam KC (Sitting as a Deputy Judge of the High Court) considered the issues that arise when a party has not called…

Christmas and New Year courts and tribunals opening times 2022: See them here

The Gov.Uk website has details of Christmas and New Year courts and tribunals opening times 2022. CLOSING DATES OVER CHRISTMAS ” Our courts and tribunals will temporarily close on various dates over the Christmas period. The closure dates for this year are:…

PART 36 CONSIDERED IN DETAIL: PRE-ISSUE OFFER WAS VALID; EMAIL SERVICE DID NOT NUGATE THE OFFER: DEFENDANT TO BEAR (MOST OF) THE USUAL CONSEQUENCES

There are some interesting discussions and findings in relation to the rules relating to Part 36 offers in the judgment of Vernonique Buehrelen KC (sitting as a High Court Judge) in Coldunell Ltd v Hotel Management International Ltd [2022] EWHC…

WHAT DO YOU CALL A JUDGE IN COURT? MESSAGE FROM THE LORD CHIEF JUSTICE AND SENIOR PRESIDENT OF TRIBUNALS

In a message yesterday the Lord Chief Justice and Senior President of Tribunals announced changes in the way that certain judges are addressed in court. THE MESSAGE   “We are today announcing a change in the practice of how certain…

THE SEVENTH LEGAL CHRISTMAS MUSIC CONTEST 2022 THE STATE OF THE COURTS PUT TO MUSIC

The Legal Christmas Music contest is back, for the seventh year running.  All that is required to enter is that you make, or agree you will make,  a donation to a food bank: after that is (as ever) down to…

This webinar by Kings Chambers on the 1st December 2022 gives litigators a chance to consider the practical implications of the Belsner decision. THE PRESENTERS My colleagues  Craig Ralph and Andrew Hogan will consider the significance of the Belsner and Karatysz cases,…

YOU SHOULD REALLY NOTICE WHEN YOU HAVE FAILED TO COMPLY WITH A COURT ORDER AND REQUIRE RELIEF FROM SANCTIONS: "THE COURT'S PATIENCE WAS BEING SORELY TESTED"

A short part of the judgment of Master Stevens in  Bailey v Bijlani & Anor [2022] EWHC 2821 (KB) records the fact that the applicant defendant required relief from sanctions, but was not proposing to ask for it. “… I…

RELIEF FROM SANCTIONS REFUSED: TRIAL BUNDLES, LATE WITNESS STATEMENTS AND LATE DISCLOSURE: CASES NEED TO BE PREPARED PROPERLY

I am grateful to my colleague Eleanor Temple for sending me a copy of the decision of HHJ-Davis-White KC in the case of Ball -v- Ball (11th October 2022), a copy of the judgment is available here Ball v Ball…

COST BITES 36: THE POINT OF A PAYMENT ON ACCOUNT IS TO REIMBURSE THE SUCCESSFUL PARTY IMMEDIATELY

In Tulip Trading Ltd v Ver [2022] EWHC 2970 (Ch) Mrs Justice Falk considered the factors involved when making an interim payment on account of costs. “The point of a payment on account is to provide the successful party with…

When in September I planned the webinar Expert Evidence in the Courts in 2022 there had been a dozen or so cases relating to experts in litigation. Since then there have been half a dozen more.   There is an example…

THE COURT CANNOT COMPEL A PARTY TO CALL A WITNESS: "PARTY AUTONOMY IS PARAMOUNT"

In QX v Secretary of State for the Home Department [2022] EWCA Civ 1541 (22 November 2022) the Court of Appeal held that the courts have no power to compel a party to call a witness. “The starting proposition must…

"THERE IS NO PORTAL FOR LOW VALUE PRODUCT LIABILITY CLAIMS": FIXED COSTS DID NOT APPLY

I am grateful to Paul Balen for sending me a case report of a product liability case he was involved in.  The judge found that a product liability case is not required to be lodged in the portal.   This had…

EVIDENCE OF STATISTICS FROM DEFENDANTS' SOLICITORS RELATING TO CLAIMS NOT EXCLUDED: HIGH COURT DECISION

The judgment of Mr Justice Freedman in Kerseviciene v Quadri & Anor [2022] EWHC 2951 (KB) is of considerable interest to anyone involved in litigation, particular personal injury litigation.  The judge upheld a finding that a witness statement from the…

A PARTY CANNOT SIMPLY ADD A PENAL NOTICE TO A COURT ORDER: IF THE COURT DOESN'T ORDER IT THEN IT SHOULD NOT BE IN THE ORDER

In  Taray Brokering Ltd, Re [2022] EWHC 2958 (Ch) HH Pearce held it was not open to a party to place a penal notice on a court order when the court itself had not placed such a notice on the…

HAVE THE  DEFENDANTS' SOLICITORS STATED THAT THEY WILL ACCEPT SERVICE? ANOTHER TRICKY CLAIM FORM ISSUE

In Motorola Solutions, Inc & Anor v Hytera Communications Corporation Ltd & Ors [2022] EWHC 2887 (Comm) Mr Justice Picken considered an issue relating to valid service.   A firm of solicitors, that stated it would accept service of proceedings, argued…

COST BITES 35: SOLICITOR AND OWN CLIENT SUCCESS FEES CONSIDERED IN DETAIL: 20% REDUCED TO 15% BY COSTS JUDGE

The judgment of Costs Judge Brown in MNO v HKC & Anor [2022] EWHC 2919 (SCCO) considers the question of an appropriate success fee between solicitor and client in a personal injury case.  The judge did not accept the argument…

GRAB A BARGAIN, RAISE FUNDS FOR FOODBANKS AND LEARN ABOUT FORGOTTEN YORKSHIRE (& PARTS OF NORTH DERBYSHIRE AND HUMBERSIDE): BUT BE VERY QUICK

For a very short time the paperback book “Forgotten Yorkshire & Parts of North Derbyshire and Humberside” is on offer for 0.99 pence (reduced from £10.00).   This has led the inimitable Tripe Marketing Board to make sure that profits from…