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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 » 2015 » April
ADJOURNMENTS ON THE GROUNDS OF ILL HEALTH: A DETAILED CONSIDERATION

ADJOURNMENTS ON THE GROUNDS OF ILL HEALTH: A DETAILED CONSIDERATION

April 30, 2015 · by gexall · in Applications, Civil evidence, Civil Procedure

In Decker -v- Hopcraft [2015] EWHC 1170(QB)Mr Justice Warby set out the principles to be considered when a litigant seeks an adjournment of a hearing on the grounds of ill health. The judge held that there were five main factors…

COMMUNICATIONS WITH THE CLIENT AFTER PROCTOR: A NEW TYPE OF LEGAL DRAFTING REQUIRING PARTICULAR SKILLS

April 30, 2015 · by gexall · in Applications, Civil evidence, Civil Procedure

In the Proctor -v- Raleys case the standard forms and letters written by the insurers came under close scrutiny at the trial and in the Court of Appeal. Professor Richard Moorhead provides an interesting angle on this issue in his…

AMENDED PLEADING FILED LATE: RELIEF FROM SANCTIONS REFUSED: THE NEED TO PLEAD THE CASE PROPERLY

April 29, 2015 · by gexall · in Applications, Bundles, Civil Procedure, Relief from sanctions, Statements of Case

In Cockell -v- Holton (No 2) [2015] EWHC 1117 (TCC) the defendant made a mistake in typing an e mail address so that an amended Defence and Counterclaim was served late. The application for relief from sanctions was refused.  The…

JUDGES MUST "CONTEND WITH THE CHANGING FASHIONS OF APPELLATE COURTS": ANOTHER LATE WITNESS STATEMENT; ANOTHER CASE WHERE RELIEF FROM SANCTIONS REFUSED

April 29, 2015 · by gexall · in Appeals, Applications, Avoiding negligence claims, Bundles, Civil evidence, Statements of Case, Witness statements

“This is yet another appeal concerning the proper application of CPR 3.9 as to relief from sanctions.” The opening words of the judgment of Mr Justice Cranston in Fouda -v- The Mayor & Burgesses of the London Borough of Southwark…

ADVISING CLIENTS PROPERLY AND THE ECONOMICS OF PRACTICE: WHEN DRAWINGS ARE AT £9.9 MILLION

April 28, 2015 · by gexall · in Applications, Avoiding negligence claims, Civil Procedure, Costs

The earlier post on Procter -v- Raley’s solicitors contained a submission on behalf of the defendant that it was necessary “in modern conditions” for solicitors to “commoditise” their advice to clients. The Court of Appeal were doubtful on that point because there…

LETTERS OF EXPLANATION NOT GOOD ENOUGH: SOLICITOR SHOULD HAVE EXPLAINED MATTERS TO THE CLIENT: COURT OF APPEAL UPHOLD DECISION ON SOLICITOR'S NEGLIGENCE

April 28, 2015 · by gexall · in Appeals, Applications, Avoiding negligence claims, Civil evidence, Personal Injury

In Procter -v- Raleys Solicitors [2015] EWCA Civ 400 the Court of Appeal upheld a decision at first instance that a failure to give an oral explanation to a client was negligent.  The solicitors could not simply rely on standard…

INTERIM PAYMENTS; SERIOUS INJURY; ACCOMMODATION AND EELES

April 28, 2015 · by gexall · in Civil Procedure, Damages, Expert evidence, Statements of Case

The very first post on this blog was a review of the law relating to interim payments in personal injury cases after Eeles. This issue was raised against in the decision of Grainger -v- Cooper [2015] EWHC 1132 (QB). THE…

PAYMENTS ON ACCOUNT OF COSTS DO NOT BREACH BREACH INDEMNITY PRINCIPLE AND SHOULD BE A "REASONABLE SUM"

April 26, 2015 · by gexall · in Applications, Civil Procedure, Costs

In XYZ -v- Transform Medical Group (CS) Limited [2015] EWHC 1151 (QB) Mrs Justice Thirlwall DBE considered several issues in relation to payments on account of costs. THE CASE The action is a group action in which nearly 1000 women…

FAILURE TO GIVE ADEQUATE REPLIES TO PART 18 QUESTIONS LEADS TO ACTION BEING STRUCK OUT: RELIEF FROM SANCTIONS REFUSED

April 23, 2015 · by gexall · in Applications, Civil evidence, Civil Procedure, Statements of Case

In his judgment today in Griffith -v- Gourgey [2015] EWHC 1080 (Ch) Mr Justice Simon addressed the issue of whether an action stands struck out if a party gives inadequate replies to Part 18 questions after a peremptory order has…

ANOTHER LATE WITNESS STATEMENT: RELIEF FROM SANCTIONS REFUSED

April 22, 2015 · by gexall · in Applications, Avoiding negligence claims, Civil evidence, Civil Procedure, Relief from sanctions

There is a brief report on Lawtel of the decision of Judge Robinson in Buswell -v- Symes (QBD 20/04/2015) this involves another case where a witness statement was served late and permission to rely upon that statement was refused. *…

EVIDENCE, PLEADINGS, RE-OPENING CASES AND THE HIGH DUTY OF CARE OWED AT ORAL APPLICATIONS TO APPLY FOR PERMISSION TO APPEAL

April 20, 2015 · by gexall · in Appeals, Applications, Civil evidence, Civil Procedure, Statements of Case

This appears to be a day for cases relating to local authorities, disrepair and pleading points. In Uddin -v- London Borough of Southwark [2015] EWCA Civ 369 the Court of Appeal considered several issues relating to evidence, pleadings and the…

JUDGE SHOULD NOT HAVE MADE COSTS ORDER WHICH WIPED OUT CLAIMANT'S DAMAGES: COURT OF APPEAL DECISION TODAY

April 20, 2015 · by gexall · in Appeals, Applications, Civil evidence, Costs

In Begum -v- Birmingham City Council [2015] EWCA Civ 386 the Court of Appeal allowed an appeal by a claimant where the decision on costs at first instance effectively deprived her of damages. THE CASE The issue is succinctly summarised…

COURT CANNOT RE-OPEN "FINAL JUDGMENT": ISSUES RELATING TO DEFENDANT'S CAPACITY: EVESHAM --v- WERRETT CONSIDERED

COURT CANNOT RE-OPEN "FINAL JUDGMENT": ISSUES RELATING TO DEFENDANT'S CAPACITY: EVESHAM –v- WERRETT CONSIDERED

April 20, 2015 · by gexall · in Appeals, Civil evidence, Civil Procedure, Risks of litigation

In the judgment today  in Eversham & Pershore Housing Association Ltd -v- Werrett [2015] EWHC 1060 (QB) Mr Justice Nicol held that the court could not re-open a decision because of later evidence in relation to the defendant’s capacity. THE…

WITNESS STATEMENTS AND AVOIDING JAIL: ARE YOU PROTECTING YOUR CLIENTS AND PROTECTING YOURSELF?

WITNESS STATEMENTS AND AVOIDING JAIL: ARE YOU PROTECTING YOUR CLIENTS AND PROTECTING YOURSELF?

April 19, 2015 · by gexall · in Applications, Avoiding negligence claims, Civil evidence, Civil Procedure

In the recent case of Hughmans -v- Dunhill [2015] EWHC 716 (Ch) an interesting point arose about the drafting of a witness statement when a (former) client alleged that it had largely been drafted by her (former) solicitor. The assertion…

DECISION REGULARISING SERVICE OF UNSEALED CLAIM FORM NOT SET ASIDE EVEN THOUGH UNAUTHORISED BODY HAD SERVED THE CLAIM FORM

April 17, 2015 · by gexall · in Applications, Service of the claim form

In Heron Bros Ltd -v- Central Bedfordshire Council (No 2) [2015] EWHC 1009 (TCC) Mr Justice Edwards-Stuart declined an application to vary his original order that service of an unsealed claim form, served under the Public Service Regulations, was an…

THE "URGENT NEED FOR COMMERCIAL PRACTITIONERS TO BRING A SENSE OF PROPORTION" TO LITIGATION: EVIDENCE NEEDED IN WHEN ARGUING SECURITY FOR COSTS "STIFLES" AN ACTION.

April 16, 2015 · by gexall · in Applications, Civil evidence, Civil Procedure, Costs

In Kazakhstan Kagazy Plc -v- Baglan Zhunus [2015] EWHC 996 Mr Justice Walker had strong words to say, and constructive guidance to give, in relation to some aspects of commercial litigation.  The case further serves as a reminder of the…

FOREIGN JUDGMENTS, EXTENSIONS OF TIME AND RELIEF FROM SANCTIONS

April 16, 2015 · by gexall · in Applications, Civil Procedure, Relief from sanctions, Serving documents

In Christofi -v- National Bank of Greece (Cyprus) Ltd [2015] EWHC 986 (QB) Mrs Justice Andrews DBE considered whether the court had power to extend time in relation to an application to set aside registration of a foreign judgment. She…

WITNESS STATEMENTS, EXHIBITS AND NOT MAKING AN EXHIBITION OF YOURSELF: THE OFTEN IGNORED RULES ABOUT EXHIBITS TO WITNESS STATEMENTS

April 10, 2015 · by gexall · in Applications, Costs, Liability

Your life will not be complete unless you have read a post about exhibits to witness statements. The “exhibiting” of documents is common. It is surprising how common it is for the exhibit, and the witness statement, to fail to…

PLEADING, PARTICULARITY, SUMMARY JUDGMENT AND STRIKING OUT: WAIT UNTIL AFTER DISCLOSURE

April 10, 2015 · by gexall · in Applications, Civil evidence, Civil Procedure, Statements of Case

In Dellal -v- Dellal [2015] EWHC 907 (Fam) Mr Justice Mostyn made some important observations about the need for particularity in pleading THE CASE The claimant was bringing an action  under the Inheritance (Provision for Family and Dependants) Act 1975…

THE AMENDED PRE-ACTION PROTOCOLS ARE OUT: THE LINK

April 9, 2015 · by gexall · in Applications, Civil Procedure, Rule Changes

The revised Pre-Action Protocols are now available (3 days after they came into force). THE LINK The Protocols are available on the Justice website and available here.  There are 119 pages. THE AMENDMENTS Amendments are made to 8 of the Protocols….

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