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 · in Appeals, Applications, Civil evidence, Civil Procedure, Members Content, 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 · in Appeals, Applications, Civil evidence, Costs, Members Content

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 · in Appeals, Civil evidence, Civil Procedure, Members Content, 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…