MITCHELL AND ABUSE OF PROCESS: ANOTHER EXAMPLE OF A CASE STRUCK OUT
Mitchell, in terms of the importance of case management, was mentioned in the High Court case of Vaughan –v-London Borough of Lewisham. The facts were unusual, but the reference to case management powers and the importance of the economy and…
THE IMPORTANCE OF TRIAL BUNDLES AGAIN: READ LEGAL ORANGE
The earlier post on trial bundles received several comments. It is clearly a matter of interest, and some controversy. Legal Orange has written a post on Trial Bundles from the point of view of a litigator. LEGAL ORANGE The post…
JUDICIAL GUIDANCE ON THE USE OF VIDEO CONFERENCING AT TRIAL: READ THE RULES!
Video conferencing is a useful took and can save costs enormously. Particularly if it prevents a witness from having to travel from abroad. In Haider -v- Syed[2013] EWHC 4079 (Ch) Barling J expressed concern that the appropriate procedure was not…
DRAFTING WITNESS STATEMENTS THAT COMPLY WITH THE RULES: A CHECKLIST TOO IMPORTANT TO IGNORE
The earlier post on witness statements had a large number of hits. That post set out the basic techniques when drafting witness statements. However it just as important is that you ensure that the statements you draft comply with the…
MITCHELL AND INDEMNITY INSURERS: A WORRYING TIME
One obvious concern about the Mitchell fallout is the position of Indemnity insurers. This is reflected in a piece by Hill Dickinson. The observations need to be noted. HILL DICKINSON’S POST There is a succinct summary of the decisions in…
MORE ON LEGAL WRITING: STRAIGHT FROM THE BENCH
The earlier post on written advocacy has led me to a blog written by an American Judge. The blog “Hercules and the Empire” is written by Federal Judge Richard Kopf and has proven to be popular in America (425,000 page…
DRAFTING SKELETON ARGUMENTS AND NOTICES OF APPEAL: EXAMPLES ON LINE
The skeleton arguments and Notices of Appeal in a case are rarely seen. David Price Solicitors have put their Skeleton and Notice of Appeal on line in a case. THE CASE The case is a defamation case where the solicitors…
DRAFTING WITNESS STATEMENTS AND THE GENIUS OF JOHN MUNKMAN
The skill and effort involved in drafting a proper and appropriate witness statement are often overlooked. Mistakes are often made. Witness statements are either to cursory and brief; too opinionated and argumentative or over-elaborate and lacking credibility. Curiously enough most…
ON-LINE GUIDANCE ON COSTS BUDGETING AND FILLING OUT FORM H: UPDATED
Form H (Precedent H) is now a central part of the litigation process. It was the delay in lodging the Form H that led to sanctions being imposed in the Mitchell case. Many people are facing completion of the form…
NO INTEREST AWARDED ON PRE-JUDGMENT COSTS FOR SUCCESSFUL DEFENDANT
Should a successful party have an award of interest on costs paid to their solicitors. In the case of Schuman -v- Veale Wasborough [2013] EWHC 4070 (QB) Dingemans J considered an application by successful defendants that they be awarded interest on their…
DO YOU NEED TO APPLY FOR RELIEF FROM SANCTIONS OR AN EXTENSION OF TIME? ANOTHER KEY ISSUE PRACTITIONERS SHOULD BE CERTAIN ABOUT
There was an interesting debate on twitter on Friday evening about whether Mitchell was being cited too widely. It was reported that, in some cases district judges had rejected the argument that when parties were applying for extension of time…
SECOND ACTION STRUCK OUT AS AN ABUSE OF PROCESS: REPORT OF FIRST INSTANCE DECISION
Searches for “abuse of process and section action” formed more than half of the search terms that brought people to this blog earlier in the week. It is clear that this is going to be a major subject of litigation…
WHAT CAN A DEFENDANT ARGUE ABOUT DAMAGES IF THE CLAIMANT HAS JUDGMENT OR THE DEFENCE HAS BEEN STRUCK OUT?
One important aspect of the new rules about relief from sanctions is that they apply to defendants as well. A defendant who is late in adducing evidence can be debarred from calling evidence as in the Durrant case. Here we…
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