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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers, Leeds, Manchester & Birmingham. 4-5 Gray's Inn Square, London.
Browse: Home » 2014 » September

"GRABBING THE CASE BY THE SCRUFF OF THE NECK": CASE MANAGEMENT IN THE FAMILY DIVISION

September 30, 2014 · by gexall · in Applications, Civil Procedure, Relief from sanctions

For the second time in two days we are looking at a report from the Family Division, seeking inspiration for civil lawyers. The robust case management decisions by Holman J in Abuchian -v-Maksoud [2014] EWHC 3104(Fam)  are, in part, decisions…

WITNESS STATEMENTS IN FOREIGN LANGUAGES: THE APPROPRIATE PROCEDURE

September 29, 2014 · by gexall · in Civil evidence, Civil Procedure, Witness statements

If a witness cannot speak English and a witness statement is required what needs to be done? Some guidance can be found in the rules and in a recent case in the Family Division. GUIDANCE IN PRACTICE DIRECTION 32 23.2…

TALK ON SANCTIONS AND HOW TO AVOID THEM: LEEDS 23rd OCTOBER 2014

September 27, 2014 · by gexall · in Civil Procedure, Costs budgeting, Relief from sanctions, Useful links

I am taking part in the Costs and Litigation Funding Update organised by Clarion solicitors and K2 Legal Support in Leeds on the 23rd October 2014. I am  talking on “sanctions and how to avoid them” .Other speakers are dealing…

MAKING AN APPLICATION IN THE CHANCERY DIVISION AFTER THE 1ST OCTOBER 2014: NO BUNDLE NO HEARING

September 26, 2014 · by gexall · in Applications, Civil evidence, Civil Procedure, Useful links, Written advocacy

The Chancery Division has introduced strict new provisions which apply from 1st October 2014. No bundle no hearing. Here we look at the essential elements of the guidance and application bundles. THE PRACTICE NOTE The Practice Note states: “Old and…

MORE ON CHILD CLAIMANTS AND THE RECOVERY OF SUCCESS FEES: AN EXTREMELY HELPFUL NOTE FROM THE CLAIMANT'S SOLICITORS

September 26, 2014 · by gexall · in Appeals, Applications, Costs, Rule Changes

The post yesterday on children and success fees got a lot of attention. I am grateful to Daniel Higgins head of costs at Gavin Edmonson Solicitors Ltd who was involved in that appeal. His note (reproduced with his permission below)…

RULE CHANGES COMING INTO FORCE ON THE 1st OCTOBER 2014

September 26, 2014 · by gexall · in Civil Procedure, Costs, Rule Changes

A reminder that rule changes come into force on the 1st October with links to the relevant rules and useful articles and guidance. AN OUTLINE OF THE CHANGES The following summary  is taken from The Justice guide  The changes are,…

SUCCESS FEES IN CHILDREN CASES: LIVERPOOL AND MANCHESTER PRACTICE

September 25, 2014 · by gexall · in Applications, Civil Procedure, Costs, Damages

The question of deducting success fees from the damages of a child remains a vexed one. I am grateful to Gillian Shaw from Paul Rooney LLP Solicitors who sent me the following note in relation to the practice in Liverpool…

DRESSING FOR COURT: GUIDANCE AND LINKS FOR LAWYERS, LITIGANTS AND WITNESSES

DRESSING FOR COURT: GUIDANCE AND LINKS FOR LAWYERS, LITIGANTS AND WITNESSES

September 24, 2014 · by gexall · in Advocacy, Useful links

There has been a lot of debate recently about appropriate dress for court. I am not going to discuss the reports that gave rise to that. However at least that should lead to a consideration of appropriate dress for court….

COSTS CAPPING IN THE COURT OF APPEAL: DON'T BANK ON THE TIDE BEING IN YOUR FAVOUR

September 24, 2014 · by gexall · in Appeals, Applications, Civil Procedure, Costs, Costs budgeting

In Tidal Energy -v- Bank of Scotland Plc Arden L.J. considered, and rejected, an application for costs capping in relation to a forthcoming Court of Appeal hearing. The Court was keen to discourage satellite litigation in the Court of Appeal….

THE WITNESSES SAY THE OTHER SIDE IS LYING: WHAT DOES THE JUDGE DO? A GORGEOUS BEAUTY CONSIDERED!

September 23, 2014 · by gexall · in Civil evidence, Civil Procedure, Witness statements

We have looked before at issues of witness credibility, particularly in relation to the drafting of witness statements. This was an issue considered by Arnold J in Gorgeous Beauty Ltd -v- Liu (and others) [2014] EWHC 2952 (Ch). It provides…

THE JUDGE, THE EXPERT, CAUSATION AND DAMAGES: THE APPROPRIATE APPROACH WHEN THE DEFENDANT HAS MADE A BAD SITUATION WORSE

September 20, 2014 · by gexall · in Civil evidence, Damages, Expert evidence

The decision of Foskett J in Reaney -v- University Hospital of North Staffordshire NHS Trust [2014] EWHC 2016 (QB) contains important observations on the role of the judge and the expert in assessing damages for care. It also contains a…

THINKING OF ISSUING WITHOUT A LETTER BEFORE ACTION? THINK AGAIN IT MAY BE BAD FOR YOUR HEALTH(CARE)

September 20, 2014 · by gexall · in Applications, Civil Procedure, Costs

In Baxter Healthcare UK Ltd -v- Fresenius Kabi* (17/09/14) Judge Hacon set out the dangers of issuing proceedings without sending a letter before action. THE ISSUES The claimant issued proceedings without sending a letter before action. The dispute was resolved….

ADDUCING A SECOND EXPERT WITNESS LATE IN THE DAY: THWAYTES -v- SOTHEBYS CONSIDERED

September 18, 2014 · by gexall · in Applications, Disclosure, Expert evidence, Relief from sanctions, Statements of Case

There is a brief report on Lawtel today of a decision of Rose J in Thwaytes -v- Sothebys (16/09/2014) where permission was given for the defendant to rely on an additional expert and the application was heard six weeks before…

INDEMNITY COSTS, COSTS BUDGETING AND WITNESS STATEMENTS:INTERVIEW ON KELLIE -v- LLOYD

September 18, 2014 · by gexall · in Applications, Costs, Costs budgeting, Useful links, Witness statements

There is a feature on the Lexis Nexis Dispute Resolution Blog where I answer questions about the implications of the judgment in Kellie and another v Wheatley & Lloyd Architects Ltd [2014] EWHC 2886 (TCC), [2014] All ER (D) 152 (Aug)…

COSTS IN THE SUPREME COURT: NEGLIGENT SOLICITORS ORDERED TO PAY COSTS OF BOTH SIDES

September 18, 2014 · by gexall · in Appeals, Civil Procedure, Costs

What costs order should the Supreme Court make when an appellant succeeds in establishing that wills are valid despite the fact that they have been improperly executed because of negligence on the part of a solicitor? A pragmatic view was…

CHANGES TO CHANCERY PROCEDURE FROM 1st OCTOBER

September 17, 2014 · by gexall · in Applications, Civil Procedure, Useful links

Master Marsh has put out two Practice Notes which deal with changes in Chancery Procedure from the 1st October 2014. The first deals with lodging of documents electronically and in hard copy.  Documents will not be able to be filed…

COSTS CLAIMED AS DAMAGES 2: THE CASE LAW IN DETAIL

September 17, 2014 · by gexall · in Civil evidence, Civil Procedure, Costs, Damages

I am grateful to P.J.Kirby Q.C. for responding to the previous post on costs claimed as damages.  The situation is far more complex than the passage cited in the Rentokil case suggests. THE ISSUE P.J. asked whether the case of…

WHAT IS THE POSITION WHEN LEGAL COSTS ARE CLAIMED AS A HEAD OF DAMAGES?

September 17, 2014 · by gexall · in Civil evidence, Civil Procedure, Costs, Damages, Expert evidence

The case of Rentokil Initial -v- Goodman Derrick LLP [2014] EWHC 2994 (Ch) was looked at in the previous post in relation to evidence.  However it also raised an interesting issue as to the approach a court should take when a…

LITIGATION: EVIDENCE; MITIGATION OF LOSS AND "BLACK BOXES" IN THE EVIDENCE

September 17, 2014 · by gexall · in Applications, Civil evidence, Civil Procedure

The case of Rentokil Initial -v- Goodman Derrick LLP [2014] EWHC 2994 (Ch) contains some interesting observations on evidence. In particular what is the position when a party claims privilege and fails to disclose legal advice relating to a settlement…

CORONER'S HEARINGS AND THE USE OF HEARSAY EVIDENCE

September 17, 2014 · by gexall · in Civil evidence

The Chief Coroner has issued a Law Sheet on the use of Hearsay Evidence in Coroner’s Courts.  It is available here THE KEY POINTS Hearsay evidence is admissible in coroner’s courts. Once it is admitted its value is a matter…

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