In  UK Sovereign Investments Ltd v Hussain [2022] EWHC 2390 (SCCO)Deputy Costs Judge Campbell rejected an argument that a receiving party’s costs should be confined to provisional assessment costs when the parties had agreed those costs at £59,000. The case…

COST BITES 20: COURT MAKES A THIRD PARTY COSTS ORDER ON THE BASIS OF MISCONDUCT OF LITIGATION:  PARTIES GET THEIR JUST DESSERTS

In Ventures Food Ltd v Little Dessert Shop Limited [2022] EWHC 2437 (Ch)  HHJ Richard Williams (sitting as a High Court judge) made a third party costs order on the basis of litigation misconduct by those who controlled a limited…

WHY APPLYING FOR AN EXTENSION OF TIME TO SERVE THE CLAIM FORM IS A DANGEROUS BUSINESS: A CASE TODAY AND SOME REMINDERS

The judgment of HHJ Hodge KC in Harrington Scott Ltd v Coupe Bradbury Solicitors Ltd (PROFESSIONAL NEGLIGENCE – Solicitors – Loss of opportunity to pursue claim to trial – Damages – Defendant’s application to strike out and for summary judgment)…

Solicitor Hilary Wetherell  and I are presenting a one day long course on fatal accidents on the 16th November 2022.  The course is at the Marriot Hotel Kensington, in London.  Delegates can also attend virtually.  Booking details are available here. …

COST BITES 19: JUDGE EXERCISES DISCRETION TO ALLOW CLAIMANT QOCS PROTECTION IN A "MIXED" CLAIM

In Wokingham Borough Council v Arshad [2022] EWHC 2419 (KB) Mr Justice Bourne considered whether QOCS protection should be applied to a claimant who had brought a claim for personal injury damages, in addition to other claims.   The judge held…

COST BITES 18: APPROPRIATE CHARGING RATES WHEN A GRADE C IS CHARGED AT NOTHING: THE NEED FOR A "BLENDED" APPROACH

There are several interesting aspects to the judgment of Mr Justice Miles in  Eurohome UK Mortgages 2007-1 Plc v Deutsche Bank AG, London Branch & Anor [2022] EWHC 2408 (Ch). One issue was the appropriate hourly rate when a grade…

TRANSFERRING A CASE FROM THE PROTOCOL TO PART 7: THE APPROPRIATE TEST CONSIDERED

I am grateful to Jamie Carpenter KC for sending me a copy of the judgment in The London Borough of Islington -v- Borous [2022] EWCA Civ 1242, a The case was looked at yesterday.  Here I want to consider the…

COURT OF APPEAL DECISION ON THE ROAD TRAFFIC PROTOCOL: INSURERS SHOULD KNOW THE RULES, AND CAN'T COMPLAIN WHEN THEY ARE APPLIED

In The London Borough of Islington -v- Borous [2022] EWCA Civ 1242 the Court of Appeal rejected two appeals from defendants in relation to car hire/replacement charges where damages were considered within the Road Traffic Protocol.  The judgment contains a detailed…

AVOIDING LIMITATION PROBLEMS IN PERSONAL INJURY: WEBINAR 29th SEPTEMBER 2022

On the 29th September 2022 I am presenting a webinar “Avoiding Limitation Problems”. This deals with the major issues relating to limitation in personal injury actions. Booking details are available here.   THE CONTENTS OF THE WEBINAR Basic limitation periods,…

"LITIGATION SHOULD BE SEEN AS A LAST RESORT, NOT A FIRST PORT OF CALL": WORDS OF WISDOM FROM THE EAT

In Clark & Ors v Sainsburys Supermarkets Ltd & Anor (PRACTICE AND PROCEDURE) [2022] EAT 143 HHJ James Tayler made some observations in relation to the Early Conciliation scheme that exists in employment tribunals and construction of the rules.  He…

THE KING'S BENCH GUIDE: WHERE TO FIND THE CHANGES

The Queen’s Bench guide has now been changed to the King’s Bench guide.  There do not appear to be any substantive changes to the text.    The text can be found here. COMPARE AND CONTRAST There is a comparison of…

COST BITES 17: FAILURE TO ENGAGE WITH CRITICISM OF WITNESS STATEMENT LEADS TO INDEMNITY COSTS: FAILING TO ENGAGE ON WITNESS STATEMENT ISSUES CAN BE EXPENSIVE

There is another judgment of the judgment in McKinney Plant & Safety Ltd v Construction Industry Training Board [2022] EWHC 2361 (Ch) Richard Farnhill (sitting as a Deputy Judge of the Chancery Division) that is worth noting.  The claimant’s failure to…

FAILING TO COMPLY WITH THE REQUIREMENTS FOR WITNESS STATEMENTS: A PARTY WAS NOT "NIT PICKING"

In  McKinney Plant & Safety Ltd v Construction Industry Training Board [2022] EWHC 2361 (Ch) Richard Farnhill (sitting as a Deputy Judge of the Chancery Division) considered the appropriate response where a party fails to comply with the requirements for…

THE COURT WILL NOT READILY RE-OPEN THE AMBIT OF ELECTRONIC DISCLOSURE: DECISION OF THE COMPETITION TRIBUNAL

I am grateful to Aidan Robertson KC for sending me a copy of the decision of  the Competition Appeal Tribunal, Mr Justice Marcus Smith,  in Sportradar AG -v- Football Dataco Limited [2022] CAT 37 a copy of which can be…

AVOIDING PROCEDURAL PROBLEMS: A PRACTITIONER'S GUIDE: WEBINAR 23rd SEPTEMBER 2022

In case anyone hasn’t noticed a lot of (perhaps the vast majority) of posts on this blog relate to procedural issues and problems that litigators have run into, or taken advantage of.  On the 23rd September 2022 I am presenting…

THE COMPUTATION OF TIME AND THE BANK HOLIDAY ON MONDAY: ONE OTHER THING

Another point has arisen in relation the procedural impact of the Bank Holiday on Monday.  The courts will be closed. CPR 2.8(5) therefore comes into effect.  Any act that should have been done on Monday is effective if, instead, it…

EXPERT WITNESSES SHOULD KEEP AN OPEN MIND AND CAN PROPERLY CHANGE THEIR VIEW AS THE CASE PROGRESSES

In A Local Authority v AA & Anor [2022] EWHC 2321 (Fam) Mrs Justice Lieven rejected criticism of an expert witness who had changed their view throughout the course of the case.   Experts must keep an open mind and it…

THE COMPUTATION OF TIME UNDER THE CIVIL PROCEDURE RULES AND THE BANK HOLIDAY ON MONDAY

The Government announced that Monday the 19th September 2022 will be a national bank holiday.  It is important to remember that this could have some consequences where a court order requires something to be done in 5 days or less….

EXPERT EVIDENCE IN THE COURTS IN 2022 - REVIEW AND GUIDANCE: DON’T LET THESE PROBLEMS HAPPEN TO YOU: WEBINAR 14th DECEMBER 2022

As the two posts on this blog yesterday showed there appears to be a never ending problem with expert evidence.   This year there have been over a dozen cases about expert evidence reported on this blog alone, all of them…

EXPERTS GIVING EVIDENCE DO NOT HAVE AN EXPECTATION OF ANONYMITY: MATTERS OF FREE SPEECH ARE IN ISSUE

The previous post dealt with the judgment of HHJ Richard Clarke in Hertfordshire County Council v Mother & Ors [2022] EWFC 106, in particular the critique of the expert evidence.  In a subsequent judgment  Hertfordshire County Council v Mother & Ors [2022]…