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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 » June
HOW THE COURT ASSESSES WITNESSES: NOT A NUMBERS GAME

HOW THE COURT ASSESSES WITNESSES: NOT A NUMBERS GAME

June 30, 2015 · by gexall · in Civil evidence, Witness statements

In TM -v- St George’s Healthcare NHS Trust [2015] EWHC 1866 (QB) Sir David Eady considered the judicial approach to witnesses and the burden of proof, stressing that the assessment of evidence is not a “numbers game”, THE CASE The…

THE LIMITS OF ISSUE BASED COSTS ORDERS: COMMERCIAL LITIGATION IS ABOUT MONEY (WHO KNEW?)

THE LIMITS OF ISSUE BASED COSTS ORDERS: COMMERCIAL LITIGATION IS ABOUT MONEY (WHO KNEW?)

June 30, 2015 · by gexall · in Appeals, Civil Procedure, Costs

In The Northampton Regional Livestock Centre Company Ltd -v- Cowling [2015] EWCA Civ 651 the Court of Appeal made some important observations about costs, issue based orders and success, particularly in commercial cases. THE CASE The Court of Appeal were…

EXTENDING TIME FOR SERVING PARTICULARS OF CLAIM: AN APPLICATION AHEAD OF TIME SAVES THE DAY

June 29, 2015 · by gexall · in Civil Procedure, Serving documents, Statements of Case

In Lachaux -v- Independent Print Ltd [2015] EWHC 1847 (QB) Mr Justice Nicol considered the question of whether the court has power to prospectively order  an extension of time for service of the particulars of claim. He also considered the…

SIMILAR FACT EVIDENCE IN CIVIL PROCEEDINGS: A REVIEW OF THE CASES

June 28, 2015 · by gexall · in Civil evidence, Witness statements

In MRH -v- The County Court Sitting at Manchester [2015] EWHC 1795(Admin) considered earlier there was a tantalisingly short reference to similar fact evidence. This was not considered in detail by the Administrative Court, however it does highlight some interesting…

A WITHDRAWN PART 36 OFFER DOES NOT ATTRACT INDEMNITY COSTS: GULATI -v- MGN

June 25, 2015 · by gexall · in Costs, Part 36

In Gulati -v- MGN [2015] EWHC 1805 (Ch) Mr Justice Mann considered whether indemnity costs should be awarded in circumstances where a Part 36 offer was withdrawn in one case and a “Calderbank” offer made in the other. KEY POINTS…

MAKING FINDINGS OF FRAUD WITHOUT A PARTY BEING REPRESENTED 2: A HEARING IN THE ADMINISTRATIVE COURT

June 25, 2015 · by gexall · in Appeals, Civil evidence, Civil Procedure, Statements of Case

In MRH Solicitors -v- The County Court sitting at Manchester [2015] EWHC 1795 (Admin) the Administrative Court, in essence, overturned findings of fraud against solicitors who had not been notified of the allegations and not given any opportunity to respond….

APPEAL COURT CAN DECIDE ISSUES BETWEEN EXPERTS ON FOREIGN LAW: AND ANOTHER LOOK AT WITNESS STATEMENTS

June 25, 2015 · by gexall · in Appeals, Civil evidence, Expert evidence, Experts

 The issue of when an appeal can court take its own view on expert evidence was considered in Group Seven Limited -v- Allied Investment Corporation Limited [2015] EWCA Civ 631. The judgment at first instance also makes for informative reading…

EVIDENCE, COSTS AND THE CREDIBILITY OF WITNESSES: A CANADIAN VIEW

June 24, 2015 · by gexall · in Civil evidence, Costs, Witness statements

This blog has discussed  issues relating to the judicial approach of  the credibility  of witnesses many times.  Some judges have, shall we say, not been backward in giving their views on the “value” of the evidence of some of the…

IF FINDINGS OF DISHONESTY ARE TO BE MADE THEN WITNESSES HAVE TO BE HEARD

June 24, 2015 · by gexall · in Civil evidence, Civil Procedure, Witness statements

Two cases in two days have shown the difficulties that arise when findings of dishonesty are made by judges without hearing evidence. Here we look at the difficulties that arose when a judge held a trial without hearing evidence and…

PREVIOUS COSTS ORDERS STAND EVEN AFTER DISCONTINUANCE: A HIGH COURT DECISION

June 24, 2015 · by gexall · in Civil Procedure, Costs

In Dar Al Arkan Real Estate Company -v- Al Refai [2015] EWHC 1793 (Comm) Mr Justice Andrew Smith considered whether discontinuance of an action should have an effect on previous costs orders. THE CASE The claimants had agreed terms of…

ANOTHER UNSATISFACTORY EXPERT: WITH A WRONG VIEW OF HIS ROLE

June 23, 2015 · by gexall · in Credibility of experts, Expert evidence, Experts

In Sinclair -v- Joyner [2015] EWHC Civ 1800 (QB)  Mrs Justice Cox made some important observations about the role of the expert and the conduct of the expert instructed by the defendant in that case. THE CASE The claimant was…

INCREASED COSTS AND "MYSTIFYING" PLEADINGS: A WARNING TO THOSE DRAFTING DEFENCES: IT'S GOING TO COST YOU

June 23, 2015 · by gexall · in Civil evidence, Civil Procedure, Costs

The judgment of Mr Justice Edis in Davies -v- Forrett [2015] EWHC 1761 QB is an object lesson on the dangers of lax pleading. Denying the relevance of a conviction in a pleading led to the joinder of a number…

RELIEF FROM SANCTIONS AND COSTS IN THE ADMINISTRATIVE COURT: NO DOUBLE STANDARDS FOR THE GOVERNMENT

June 22, 2015 · by gexall · in Costs, Relief from sanctions

In The Queen (on the application of Bhatt) -v- The Secretary of State for the Home Department [2015] EWHC 1724 (Admin) Helen Mountfield QC (sitting as a Deputy Judge) made some interesting observations in relation to the Denton principles, conduct…

RELIEF FROM SANCTIONS REFUSED FOLLOWING INADEQUATE E-DISCLOSURE:

June 22, 2015 · by gexall · in Applications, Civil Procedure, Disclosure, Relief from sanctions

The case of Smailes -v- McNally [2015] EWHC 1755 (Ch) has appeared in the reports before.  In his judgment today His Honour Judge Pelling QC refused relief from sanctions after the claimant had failed to give adequate disclosure in compliance…

DATE OF KNOWLEDGE AND SECTION 33 IN SEXUAL ABUSE CASES: A HIGH COURT DECISION

June 19, 2015 · by gexall · in Limitation

In A -v- The Trustees of the Watchtower Bible and Tract Society [2015] EWHC 1722 (QB) Mr Justice Globe considered the issue of the date of knowledge under s.14 of the Limitation Act 1980 and also stated that, had it…

CAUSATION AND EVIDENCE – A BURNING PROBLEM? IMPORTANT ISSUES FROM A BIZARRE SET OF FACTS

June 18, 2015 · by gexall · in Appeals, Civil evidence, Expert evidence, Experts

In Graves -v- Brouwer [2015] EWCA Civ 595 the Court of Appeal carried out an extensive review of the principles and authorities relating to evidence and causation.  There is a useful discussion on the role and questioning of experts at…

TRUSTEE IN BANKRUPTCY NOT LIABLE FOR COSTS INCURRED BEFORE ADOPTION OF PROCEEDINGS: SUPREME COURT DECISION TODAY

June 17, 2015 · by gexall · in Appeals, Civil Procedure, Costs

In a short judgment today in BPE Solicitors -v- Gabriel [2015] UKSC 39 the Supreme Court considered the question of whether a Trustee in Bankruptcy who adopts proceedings thereby becomes liable for the previous costs incurred in that action. THE…

IF YOU CAN'T PROVE IT YOU DON'T GET IT: CALLING EVIDENCE AT COURT TO PROVE A LOSS: A WORKING EXAMPLE

June 16, 2015 · by gexall · in Civil evidence, Civil Procedure, Witness statements

A party claiming damages must bring evidence to court to prove the losses it claims.  This is a simple statement. However adducing evidence which actually proves the losses claimed often gives rise to difficulties in all spheres of litigation.  The…

SETTING ASIDE AN EARLIER ORDER: A WIDE AND UNFETTERED DISCRETION?

June 16, 2015 · by gexall · in Applications, Civil Procedure, Judgment

In Cole -v- Howlett [2015] EWHC 1697 (Ch) Mr Justice Peter Smith conducted detailed consideration of the power, and discretion, to review and set aside orders already made.  The judge agreed to set aside his earlier order striking out the…

LATE WITNESS STATEMENTS IN JUDICIAL REVIEW PROCEEDINGS: DON'T GO TO COLLEGE – JUST READ THE RULES

June 16, 2015 · by gexall · in Civil evidence, Relief from sanctions, Witness statements

In R (on the application of the London College of Finance & Accounting) -v- Secretary of State for the Home Department [2015] EWHC 1688 (Admin) Mr Justice Cobb made some important observations in relation to the late service of evidence…

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