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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 » July

THE CHIPS ARE DOWN FOR EXPERT WHO FAILED TO DECLARE AN INTEREST

July 31, 2015 · by gexall · in Civil evidence, Expert evidence, Uncategorized

In The Ritz Hotel Casino Ltd -v- Al Geabury [2015] EWHC 2294(QB) Mrs Justice Simler DBE was critical of an expert who failed to declare an interest in a case. The expert had become a treating doctor. “It was no…

THAT "PARTIAL" ADMISSION: IT IS STILL BINDING AND YOU MAY NOT BE ALLOWED TO RESILE FROM IT

July 31, 2015 · by gexall · in Applications, Civil Procedure, Statements of Case, Uncategorized

The judgment of Mr Justice William Davis in Cavell -v- Transport for London [2015] EWCA 2283 (QB) has some important observations in relation to admissions and attempts to resile from admissions. “It cannot be in those interests to permit the…

COSTS AND CONDUCT 3: THE COURT OF APPEAL AND ISSUE BASED COSTS ORDERS

July 30, 2015 · by gexall · in Civil Procedure, Costs, Uncategorized

This is the third case today about the issue of costs and the conduct of proceedings. It is the most  complex, Smith & Nephew plc -v- ConvaTec Technologies Inc [2015] EWCA Civ 803. THE CASE The Court of Appeal allowed…

COMMITTAL PROCEEDINGS AGAINST "EXPERT WITNESSES" ARE NOT AN ABUSE OF PROCESS

July 30, 2015 · by gexall · in Applications, Civil Procedure, Expert evidence, Experts, Uncategorized

The decision of the Divisional Court in Accident Exchange Ltd -v- Nathan John George-Broom & Ors [2015] EWHC 2205 (Admin) is certainly a development in the practice relating to dismissal. THE CASE The claimants applied to commit a number of…

COSTS AND CONDUCT 2: LOSER PAYS ALL APPLIES: MOORE IS NOT LESS

July 30, 2015 · by gexall · in Civil Procedure, Costs, Uncategorized

In The London Borough of Tower Hamlets -v- The London Borough of Bromley [2015] EWHC 2271 (Ch) Mr Justice Norris refused an application for an issue based order and made an order for costs under the general rule that the…

COSTS & CONDUCT 1: MULTIPLE PARTIES, "BULLOCK" AND "SANDERSON" ORDERS AND INDEMNITY COSTS TO THE DEFENDANTS

July 30, 2015 · by gexall · in Civil Procedure, Costs, Uncategorized

There are several cases today where the courts have considered the issue of where costs should fall and how judicial discretion should be exercised.  The first we consider is Asghar -v- Ahmad [2015] EWHC 2234 (QB) a decision of Mr…

OUCH! THINKING OF DRAFTING A COSTS BUDGET? BEST READ THIS FIRST

July 30, 2015 · by gexall · in Costs budgeting, Uncategorized

The judgment of Mr Justice Stuart-Smith in GSK Project Management Ltd -v- QPR Holdings Ltd [2015] EWHC 2274 (TCC) is one that needs to read by anyone involved in preparing a costs budget. To say the judge was critical of…

THE PRIMACY OF ORAL TESTIMONY: ABSENT WITNESSES ORDERED TO ATTEND AND LATE AMENDMENTS REFUSED: ALL IN ONE CASE

July 28, 2015 · by gexall · in Amendment, Civil Procedure, Uncategorized, Witness statements

There is an interesting report of two separate decisions of Mr Justice Peter Smith in Harb -v- HRH Price Abdul Aziz Bin Fahd Bin Abdul Aziz [2015] EWHC 2195 (Ch). This relates to two decisions made on the first day…

IF YOU ENTER INTO A CONTENTIOUS BUSINESS AGREEMENT WITH YOUR CLIENT ARE YOU PLAYING RUSSIAN ROULETTE?

July 28, 2015 · by gexall · in Civil Procedure, Conditional Fee Agreements, Costs

The judgment of Master Campbell in Addleshaw Goddard LLP  -v- Wood & Hellard [2015] EWHC B12 (Costs) has some interesting observations on contentious business agreements and the nature of litigation financing generally. THE CASE The claimant solicitors had entered into…

ASSESSING WITNESS CREDIBILITY: THE CENTRAL BANK OF ECUADOR CASE REVISITED: THE OCEAN FROST APPROACH

July 27, 2015 · by gexall · in Appeals, Civil evidence, Clinical Negligence

I have already posted an article on the Privy Council decision in Central Bank of Ecuador -v- Conticort CA [2015] UKPC 11. It was a remarkable case in that the Privy Council overturned findings of fact of the trial judge. In…

NEW RULES RELATING TO "NEUTRAL EVALUATION" ; LITIGANTS IN PERSON; ASSESSMENT; SPECIALIST FINANCIAL LIST (AND MORE…)

July 27, 2015 · by gexall · in Applications, Civil Procedure, Costs, Costs budgeting

New rules have been introduced which (for the most part) come into force on the 1st October 2015.  Here we look at the key changes. THE RULES The Civil Procedure (Amendment No.4) Rules 2014 were laid before Parliament on the…

THIS "PROBLEM" WITH WITNESSES: IT IS NOT A ONE WAY STREET: DEFENDANT'S EVIDENCE NOT BELIEVED

July 26, 2015 · by gexall · in Civil evidence, Witness statements

Much attention is, rightly, paid to the actions of evidence of claimants who bring fraudulent claims or give untrue evidence. However it is important to remember that this issue with evidence is not a one way street.  There are plenty…

ADVISING ON THE "RISKS OF LITIGATION": A HIGH COURT DECISION

July 24, 2015 · by gexall · in Civil evidence, Liability

In Thomas -v- Albutt [2015] EWHC Mr Justice Morgan considered, among other things, the duty owed by a barrister (and lawyers generally) to warn about the risks of litigation. “Clients, I know, want two inconsistent things. They want confident advice…

POST MITCHELL PRE-DENTON RELIEF FROM SANCTIONS APPEAL: MITCHELL PRINCIPLES WERE NOT HERE TO STAY

July 23, 2015 · by gexall · in Appeals, Civil Procedure, Relief from sanctions

The appeal in Michael Wilson & Partners Ltd -v- Sinclair [2015] EWCA Civ 774 involves the Court of Appeal considering the Mitchell/Denton divide. KEY POINTS The Court overturned a decision, made post-Mitchell but prior to Denton, where a judge refused…

THE TRANSITIONAL PROVISIONS OF QOCS: IMPORTANT AND INTERESTING DECISION: THE MEANING OF "PROCEEDINGS"

July 23, 2015 · by gexall · in Costs

There is an interesting decision on checkmylegalfees.com website in relation to the transitional provisions of the QOCS regulations.  The full transcript of Casseldine -v- The Diocese of Llandaff Board for Social Responsibility (Regional Costs Judge Phillips, Cardiff County Court 15th…

THINKING OF ALLEGING OR PLEADING FRAUD: BETTER READ THIS FIRST

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

In NGM Sustainable Developments Ltd -v- Wallis [2015] EWHC 2089 (Ch) Mr Justice Peter Smith highlighted the importance of full and accurate pleading of a case alleging fraud. “…in commercial matters the parties and their lawyers tend to work long…

STRIKING OUT WITNESS STATEMENTS BECAUSE OF IRRELEVANT MATERIAL AND "SIGNIFICANT DEVELOPMENTS" IN RELATION TO CHANGES OF COSTS BUDGETS

July 22, 2015 · by gexall · in Applications, Costs budgeting, Witness statements

The Mitchell libel case led to a number of interlocutory hearings and applications, some of which had a profound effect on civil procedure (for a while at least). The case of Yeo -v- Times Newspapers Ltd  is also leading to…

CONDITIONAL FEE AGREEMENTS NOT SENT TO COVENTRY: KEY POINTS AND LINKS

July 22, 2015 · by gexall · in Civil Procedure, Costs

The decision in Coventry -v- Lawrence [2015] UKSC 50 has not led to any major change in practice and procedure (in relation to a costs regime that had already ended anyway). A link to the judgment is here  KEY POINTS…

JUSTICE COMMITTEE INQUIRY IN THE EFFECTS OF THE INCREASE IN COURT FEES: HOW TO RESPOND

July 21, 2015 · by gexall · in Costs

The Justice Committee is holding an inquiry into the effects of the introduction and levels of the increased court fees. If anyone wants to send their responses to this blog, in addition to the inquiry, I will arrange a specific…

SERVICE OF THE CLAIM FORM – FURTHER PROBLEMS: YOU CANNOT ALWAYS RELY ON WHAT YOU ARE TOLD

July 21, 2015 · by gexall · in Civil Procedure, Service of the claim form

Service of the claim form is an issue that continues to cause problems.  There is a brief report on Lawtel today of the decision of Stewart J in Dzekova -v- Thomas Eggar PPL (QBD 17/07/2015)*.  It is another example of…

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