AMENDING PLEADINGS: WELL I'M JUST GOING TO ISSUE SEPARATE PROCEEDINGS – IS THAT RELEVANT?
The earlier post looked at the general principles in relation to late amendment of pleadings. There was one further point considered in CIP Properties -v- Galliford Try [2015] EWHC 135 (TCC). The claimant argued that the amendments should be allowed…
AMENDING PLEADINGS : A REVIEW OF THE PRINCIPLES: WHAT IS MEANT BY "LATE"?
We have looked at the case of CIP Properties -v- Galliford Try twice before in the context of costs budgeting. The case came before Mr Justice Coulson again [2015] EWHC 1345 (TCC) on the topic of amendment of pleadings. It is…
INDEMNITY COSTS AGAINST RESPONDENT IN RELIEF FROM SANCTIONS APPLICATION: WHAT A WASTE?
There is a brief report on Lawtel* of the decision of Popplewell J in Viridor Waste Management Ltd -v- Veolia Es Ltd (QBD (Comm) 22/05/2015. THE CASE The claimant was bringing an action for £27 million unjust enrichment. The claim…
LATE APPLICATION FOR DISCLOSURE AND EXPERT EVIDENCE REFUSED: STOPPED AT THE DOCK
The judgment of His Honour Judge Stephen Davies in (sitting as a judge of the High Court) in William Clark Partnership Limited -v- Dock St PCT Limited [2015] EWHC B5 (TCC) illustrates the problems caused when applications are made late….
"TOUCH SENSITIVE" WITNESS STATEMENTS AND OTHER FORMS OF EVIDENCE: WHEN THE CLAIMANTS COLLECT THE EVIDENCE THEMSELVES
The decision of Recorder Amanda Michaels (sitting as a Deputy Enterprise Judge) in Minder Music Ltd -v- Sharples [2015] EWHC 1454 (IPEC) raises some interesting issues in relation to witness statements and evidence. In particular the problems when a party…
HELL IT WAS IN "THAT FEBRILE TIME": OSTRICHES, MITCHELL, DENTON AND THE "BRILLIANT READJUSTMENT"
There are some interesting observations made by Lord Dyson MR in The English Experience of Access to Justice Reform. In particular the look back at the “febrile” atmosphere that Mitchell created and the rationale of the subsequent “revision” in Denton….
INCREASED INTEREST AND COSTS AFTER CLAIMANT BEATS ITS OWN PART 36 OFFER: JUDGMENT FOR THREE TIMES MORE THAN CLAIMANT'S OFFER
In Thai Airways International Public Company Ltd -v- KI Holdings Co Ltd [2015] EWHC 1476 (Comm) Mr Justice Leggat made slight modifications to the additional amounts to be awarded to a claimant which had beaten its own part 36 offer….
DEFAULT JUDGMENT CAN BE OBTAINED WHEN ACKNOWLEDGMENT OF SERVICE IS SERVED LATE
NB THIS DECISION HAS SINCE BEEN OVERTURNED BY A CHANGE IN THE RULES, SEE THE POST HERE. A claimant can enter judgment in default of acknowledgement of service. What is the position if the acknowledgment of service is served late….
"TAKING THE STATEMENT OF TRUTH LIGHTLY": CONTEMPT OF COURT WHEN DOCUMENTS WERE "CREATED" LONG AFTER THE EVENT
In GB Holdings Ltd -v- Short [2015] EWHC 1378 (TCC) Mr Justice Coulson reviewed the authorities and principles relating to applications for contempt of court when it is alleged that a witness has forged documents in relation to the action….
GET AN INJUNCTION – PAY £27 MILLION IN DAMAGES: A POINT WORTH REMEMBERING
The judgment in AstraZeneca AB -v- KRKA dd Novo Mesto [2015] EWCA Civ 484 is one that should be read by anyone thinking of applying for an injunction and giving an undertaking in damages. The claimant obtained an injunction and…
PERMISSION TO CALL EXPERT WITNESS OVERTURNED ON APPEAL
I cannot recall the last time an appeal took place in relation to the question of permission to call an expert witness. The post yesterday discussed a case where permission to call an expert was upheld. Hot on its heels…
APPEALS AGAINST DECISION TO ALLOW EXPERT EVIDENCE: DEFENDANTS TOLD TO GET ON THEIR BIKE
Appeals against orders granting permission for parties to call expert witnesses are rare. It is worthwhile, therefore, reading the judgment of Mr Justice Green in Allen -v- Cornwall Council [2015] EWCA Civ 1461 (QB) with some care. THE CASE The…
A SORRY TALE OF MODERN LITIGATION: ALL AROUND THE HOUSES
There are some cases where the “reasonable bystander” may feel that all rationality has been lost by the litigants. Read the opening paragraph of Mr Justice Akenhead’s judgment in Mears Ltd -v- Shoreline Housing Partnership Limited [2015] EWHC 1396 (TCC)….
INDEMNITY COSTS AND REDUCED INTEREST ON DAMAGES BECAUSE OF DELAY: COURTS WILL STAY ON THE RAILS
There is a short interesting judgment by Mr Justice Akenhead in Network Rail Infrastructure Ltd -v- Handy [2015] EWHC 1460 (TCC) which deals with the principles relating to indemnity costs and interest. A further interesting point is that the claimant…
FAILURE TO COMPLETE PRE-TRIAL REVIEW QUESTIONNAIRE FULLY LEADS TO DEFENCE AND COUNTERCLAIM BEING STRUCK OUT
In Waterman Transport Ltd -v- Torchwood Properties Ltd [2015] EWHC 1446 (TCC) Mr Justice Akenhead entered judgment for a claimant and struck out a counterclaim after the defendant failed to file a completed pre-trial review questionnaire properly. THE CASE The…
I DIDN'T MEAN IT WHEN I SIGNED THE JOINT REPORT: WHAT HAPPENS WHEN EXPERTS CHANGE THEIR MINDS?
The judgment of Mr Justice Leggatt in Iraqi Civilians -v- Ministry of Defence [2015] EWHC 1254 (QB) contains some interesting passages in relation to an expert reneging from the contents of a joint report. In particular what is the appropriate…
PROOF OF FACTS: THE BASIC PRINCIPLES SUMMARISED (BORROWING FROM THE FAMILY COURTS)
In a short judgment BR (Proof of Facts) [2015] EWFC 41 Mr Justice Peter Jackson provides a summary of key issues in relation to evidence. The judgment is specifically in relation fact finding in children cases. However part of the…
MORE ON "CHANGING" WITNESS STATEMENTS AND CREDIBILITY: A CLINICAL NEGLIGENCE CASE
A post yesterday commented upon the difficulties caused when a witness produces two (sometimes contradictory) witness statements. Another example of witness evidence leading to problems at trial can be seen in the judgment of HH Judge Collender QC (sitting as…
THAT "DIFFICULT SECOND STATEMENT": IT IS HARDLY EVER GOING TO BE A HIT
The judgment in Buswell -v- Symes [2015] EWHC 1379 (QB) illustrates the dangers of “supplementary “witness statements. Real problems can occur for the party putting in the new evidence. THE CASE The claimant was seriously injured when his motorcycle was…
CIVIL COMMITTAL PROCEEDINGS IN THE COUNTY COURT: THE RISK OF INJUSTICE RUNNING RIFE
Committal proceedings in the civil courts are a serious business. Respondents can, and often do, go to prison. The legal costs incurred by the applicant are often extremely high. However those responding have real and fundamental difficulties in obtaining representation….