THE NEW PART 36: PART 5: WAS THE OFFER A "GENUINE ATTEMPT" TO SETTLE PROCEEDINGS?
One addition to the rule is a further factor for the court to take into account when considering whether or not the usual costs, and other consequences, of Part 36 should apply. THE NEW CPR 36.17: COSTS CONSEQUENCES FOLLOWING JUDGMENT…
THE NEW PART 36: PART 4: WHERE A COSTS BUDGET IS LIMITED TO COURT FEES
This is the fourth in the series of posts on the new Part 36 coming into force on the 6th April 2015. The rules contain a brand new provision that deals with the position where a offeror’s costs are limited…
THE NEW PART 36: PART 3: UNACCEPTED OFFERS AND INCREASED RESTRICTIONS ON DISCLOSURE OF OFFERS
This is the third in the series of posts that deals with the Part 36 provisions coming into force on the 6th April 2015. Here we look at the rules restricting disclosure of a Part 36 offer and some important…
CIVIL CASE OF THE YEAR: AA -v- LBS: DAVID -v- GOLIATH?
There were only a few comments when I asked, on twitter, for recommendations for the civil case of the year. I have overlooked the obvious candidate (Denton)and gone for a case that can, and should, reinvigorate belief in the civil…
THE NEW PART 36 PART 2: OTHER EFFECTS OF ACCEPTING A PART 36 OFFER
This is the second part of a series dealing with the new provisions of Part 36 which comes into force on the 6th April 2015. The first in the series can be found here. Here we look at the new…
ADMISSION UNDER THE PROTOCOL AND PORTAL MAY NOT BE BINDING IN SUBSEQUENT PROCEEDINGS
Is an admission made by an insurer under the Portal binding on the parties in a future action? In September last year we looked at the case of Ullah -v- Jon where a district judge held that an admission was…
THE ADVOCATE AS WITNESS: PROCEDURE WHEN A REPRESENTATIVE HAS TO GIVE EVIDENCE
Previous posts have dealt with the problem of defining the line between submissions and evidence – with the dangers that an advocate could be “giving evidence”. However there are circumstances in which an advocate may have to give evidence as…
CIVIL LITIGATION: REVIEW OF 2014: PROLIXITY, SANCTIONS, CREATIVE WRITING AND MUCH MORE
It is coming to that time of the year where everyone does an annual review. We civil litigators cannot be left out. Here is an annual review for the past 12 months. If people want to make additional suggestions in…
PURSUING POINTLESS COMMITTAL PROCEEDINGS COULD BE COSTLY: FOR THE APPLICANT
In Public Joint Stock Company Vseukrainskyi Aktsionernyi Bank -v- Maskimov [2014] EWHC 4370 (Comm) Mr Justice Hamblen made it clear that essentially useless litigation will lead to costs against a claimant. The judge awarded costs against the claimant bank in…
WITNESS STATEMENTS GIVING THE SOURCE OF INFORMATION AND BELIEF: A RULE OVERLOOKED AT YOUR PERIL
In JSC Mezhdunarodniy Promyshlenniy Bank -v- Sergi Viktorovich Pugachev [2014] EWHC 4336 (Ch) Mr Justice Mann made some important observations in relation to the need for a witness statement to identify the sources upon which it is based. THE CASE…
E-DISCLOSURE & BREACH OF ORDERS: CASE STRUCK OUT: NO QUESTION: AND NO QUARTER GIVEN
In Smailes -v-McNally [2014] EWCA Civ 1296 the Court of Appeal made it clear that breach of a peremptory order in relation to disclosure will lead to grave consequences for the defaulting litigant. THE CASE This case was looked at…
THE NEW PART 36: COMING TO YOUR PRACTICES SOON: PART 1
The “new” Part 36 comes into force on the 6th April 2015. Here I provide the first part a summary of the main chances. To prevent any confusion this post only cites the new rules. THERE IS NOW AN EXPRESS…
THE DENTON PRINCIPLES AND SEEKING TO AVOID PAYING MONEY DUE UNDER COURT ORDERS
The application of the Denton principles was considered by Mr Justice Peter Smith in Mulugeta Guadie Mangiste -v- Endownment Fund for the Rehabilitation of Tigray [2014] EWHC 4196 (Ch) when reviewing an argument that the claimant should not pay an order for…
OVER-LENGTHY PLEADINGS SOME EXAMPLES AND SOME LESSONS
The recent post on the Court of Appeal upholding a decision not to grant permission for over-elaborate particulars of claim has led to some comments on the length of pleadings (“229 paragraph Particulars of Claim” “I’ve got 32 page prof…
GUIDES FOR LITIGANTS IN PERSON, CLIENTS AND ALL THOSE INVOLVED IN THE LITIGATION PROCESS
The Court of Appeal today indicated that “more help” was needed for litigants in person. Here we look at the guidance that exists. LORD JUSTICE MOORE-BICK OBSERVED TODAY: In R (Dinjan Hysaj) v Secretary of State for the Home Department…
EXTENSIONS OF TIME TO APPEAL: MITCHELL AND DENTON PRINCIPLES APPLY
In a combined decision in three cases heard today* [2014] EWCA Civ 1633 the Court of Appeal set out important guidance in relation to applications to appeal out of time. Practitioners must be aware of the time limit for appeals,…
"THE LEAST MANAGEABLE CASE I HAVE EVER TRIED TO MANAGE": CASE MANAGEMENT UPHELD BY THE COURT OF APPEAL
This was the description given by His Honour Judge Mackie QC when he was considering, and refusing, an application by the defendant to strike the action out. The decisions he made were upheld by the Court of Appeal In Walsham…
CIVIL COURT STATISTICS: ABOUT 3% OF ISSUED CLAIMS PROGRESS TO TRIAL
The most recently available Civil Court Statistics from April to June 2014 makes interesting reading. The number of claims is decreasing; around 3% of claims go to trial; the average time between issue and trial is 54 weeks; about 10…
LIMITATION, PROFESSIONAL NEGLIGENCE AND SUMMARY JUDGMENT: AN IMPORTANT LESSON
The case of Seton House Group -v- Mercer Ltd [2014] EWHC 4234 (Ch) shows the importance of being certain of a limitation period and issuing well before that date. In this case, however, the limitation period had passed well before the…
CASE STRUCK OUT AFTER JUDGMENT BECAUSE REPEATED FAILURES TO COMPLY AMOUNTED TO AN ABUSE OF PROCESS
In Zaman -v- Paradise UK Ltd (QBD) 11/12/2014* Judge Seymour QC upheld a decision of the Master to strike out a personal injury action on the grounds of abuse of process where liability had been admitted. This is an important…