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 an interesting summary of the decision in Mitchell -v- Precis 545 Ltd (15/11/2019) on Kings Chambers website. A report by my colleague Jeremy Roussak of a case where he represented the claimant and where HHJ Freedman refused a…
I am grateful to barrister James Miller for sending me a copy of the judgment of HHJ Gosnell in Riaz -v- Akbar (19th November 2019) a copy of which is available here. This is an interesting example of a judge…
In the judgment today in Ho v Adelekun [2019] EWCA Civ 1988 the Court of Appeal held that fixed costs still applied to a case where an offer of settlement did not expressly refer to costs being fixed. “…parties who…
There are some observations in the judgment of Master Thornett in Palizban v Protech (UK) Ltd [2019] EWHC 3090 (QB) that every litigator should read. It relates to the manner in which solicitors present witness statements, and documents, in interlocutory…
The judgment of Chief Master Marsh today in Maggistro-Contenta & Anor v O’Shea & Anor [2019] EWHC 3035 (Ch) is a prime example of difficulties being caused because of a mistake in relation to the rules relating to service. It…
The Billable Hour cookbook is available to pre-order. You can watch the video from Ishan Kolhatkar@BPTC_Lecturer below. Remember this contains over 100 recipes, all the profits go to the Billable Hour charity. It contains the recipe for apple crumble, cinnamon…
The problems caused by civil committal proceedings have been a constant theme on this throughout the year (and for some time before). The problems may be reduced, to some extent, by the judgment of Mr Justice Chamberlain in The All…
In ABC v Google LLC [2019] EWHC 3020 (QB) Mr Justice Pushpinder Saini refused an (anonymous) claimants application for relief from sanctions. The case has some unusual features, however it does highlight the point that a relief from sanctions application…
The case of Easteye Ltd v Malhotra Property Investments Ltd & Ors [2019] EWHC 2820 (Ch) is unusual in that it is an appeal against a costs budgeting decision. Nugee J refused the claimant’s appeal against the District Judge’s decision…
In Hochtief (UK) Construction Ltd & Anor v Atkins Ltd [2019] EWHC 3028 (TCC) Mrs Justice O’Farrell considered the consequences of a claimant being its own Part 36 offer. The claimant beat its own offer by a small amount but…
The judgment of the Court of Appeal yesterday in Wickes Building Supplies Ltd v Blair [2019] EWCA Civ 1934 is an important one in relation to late service of evidence and Stage 3 of the Protocol. It shows the importance…
There have been several recent cases in which the courts have emphasised the difference between knowledge and “opinion” in witness evidence. In Irani v Duchon [2019] EWCA Civ 1846 the Court of Appeal dismissed an argument that the defendant was…
The earlier post on the judgment last Jet 2 Holidays Ltd v Hughes & Anor [2019] EWCA Civ 1858 was another case in which social media played a part. The defendant holiday company found social media entries which appeared inconsistent…
In Jet 2 Holidays Ltd v Hughes & Anor [2019] EWCA Civ 1858 the Court of Appeal held that committal proceedings can be brought in relation to allegedly false witness statements made and disclosed under the pre-action protocols. It is…
In Dorman & Ors v Clinton Devon Farms Partnership [2019] EWHC 2988 (QB) Mr Justice Pushpinder Saini allowed an appeal against directions made by a Circuit Judge. He also upheld an appeal against that judges refusal to recuse himself on…
The danger of witness statements from solicitors purporting to give evidence as to fact has been emphasised many times in the cases reported on the blog. The danger can be seen again in the judgment of Ms Pat Treacy (sitting…
This is the time of year when Hilary Wetherell and I travel round and give the APIL course on “Fatal Accidents, Practice, Procedure and Compassion”. The course deals a lot with the law and procedural aspects of fatal accidents. However…
I am grateful to my colleague Paul Hughes for sending me a copy of the judgment of District Judge Jenkinson in the case of Stone -v- Allianz Insurance PLC where Paul acted for the defendant. This, and the case of…
I am grateful to barrister Mark Roberts for sending me a copy of the decision of HHJ Gargan in Wise -v- Hegarty & Alpha Insurance (9th July 2019) a copy of which is available here. OT APPROVED CRAWFORD D10YJ706 WISE…
The Court of Appeal judgment today in Irani v Duchon [2019] EWCA Civ 1846 adds to the Proving Things series in relation to a failure to establish key matters at trial (it also gives me an opportunity to promote the…
