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…

NOTICE OF APPEAL FILED IN TIME WHEN IT WAS ELECTRONICALLY FILED AFTER 4.30 pm: COURT OF APPEAL DECISION

In  Microsoft Ireland Operations Ltd & Ors v JJH Enterprises Ltd (Re Electronic Filing of Appellant’s Notice) [2022] EWCA Civ 1509 the Court of Appeal upheld a finding that an appellant’s notice filed electronically after 4.30pm on the last date…

COST (MEGA) BITES 35: THE DETAILED ASSESSMENT THAT LASTED 104 DAYS : COSTS JUDGE REFUSES TO VARY EARLIER DECISION

In Deutsche Bank AG v Sebastian Holdings Inc. & Anor [2022] EWHC 2920 (SCCO) Senior Costs Judge Gordon-Saker gave a judgment which finalised a detailed assessment that had lasted 104 days.  The judge found that, prior to the assessment concluding, …

WHEN SHOULD COSTS BE SUMMARILY ASSESSED OR SUBJECT TO DETAILED ASSESSMENT? HIGH COURT CONSIDERS THE ISSUES

In Brake & Anor v Guy & Ors (Costs) [2022] EWHC 2907 (Ch) HHJ Paul Matthews (sitting as a High Court Judge) considered an argument that the costs of an application should be subject to detailed assessment rather than summarily…

Amidst the bustle of recent cases about costs the European Court of Human Rights decision in Coventry v. the United Kingdom – 6016/16 may well be overlooked. The Court found that the “old” system of conditional fee litigation, whereby a defendant was…

The previous post on Belsner indicated that a final order had been made by the Court of Appeal. That order can be seen here BelsnerSEALED ORDER (1)  and the text is reproduced below.  The interesting aspect of the order is,…

ANALYSIS OF BELSNER 4: FAIR COSTS AND LEGAL FICTION : PLUS A USEFUL WEBINAR

The latest development in Belsner v CAM Legal Services Ltd [2022] EWCA Civ 1387 is that the unsuccessful claimant has been ordered to pay £130,000 on account of costs and repay £25,000 that was previously paid to her. However, here I…

ESCAPING FIXED COSTS WEBINAR: IF YOU MISSED IT LIVE YOU CAN SEE IT HERE

I put details of this webinar up in early November. Unfortunately the event reached capacity and some people were not able to view it.   However it was recorded and it is now available online here.   THE WEBINAR Fixed costs…

CIVIL PROCEDURE BACK TO BASICS 94: CLAIMANTS - DO NOT SHOW APPROVAL ADVICES TO THE DEFENDANT

An issue I have seen periodically, but twice this week, is a belief by some claimant solicitors that an advice obtained for the purpose of approval of a civil action for a protected party has to be shown to the…

DEFENDANT GRANTED SUMMARY JUDGMENT ON A SINGLE EVIDENTIAL ISSUE: CPR 24.2 CAN BE USED IN THIS CONTEXT

In Holdgate v Bishop [2022] EWHC 2850 (KB) Master Thornett granted the defendant’s application for summary judgement on a specific issue.   The Master granted the defendant judgment on the issue of whether the claimant had instructed solicitors to sell land…