NEW RULES COMING INTO FORCE ON THE 1st OCTOBER 2015: MEET PRECEDENT Q
A reminder that there are new rules coming into force today, together with some changes to the Practice Directions. WHERE TO FIND THEM The civil procedure rules are here The amendments to the Practice Directions are here 81st Update PD Making…
RESPONDENT TO APPLICATION TO AMEND PLEADINGS ORDERED TO PAY COSTS BECAUSE THEY SHOULD HAVE CONSENTED
I am grateful to Tobias Haynes from Regulatory Legal solicitors for sending me details of a judgment given today in relation to the costs of amendment. This is based on Tobias’ note of the judgment which was given today (30th…
WITNESS CREDIBILITY WHEN BOTH SIDES ARE NOT WHOLLY TRUTHFUL: THE APPROPRIATE APPROACH
This blog has looked, many times, at the approach that the courts take in relation to conflicting witness evidence. Particular problems arise when both sides are being less than truthful. Many of these principles involved have developed out of hard…
SILENCE ON KEY ISSUES DOES NOT PROVE YOUR CASE: SQUARING UP TO WITNESS EVIDENCE
The judgment of Recorder Halpern QC in Canada Square Operations Ltd -v- Kinleigh Folkard & Hayward Limited (17/09/15)* is interesting for a number of reasons. Firstly on issues of limitation; secondly on the point that a court will not infer…
SERVICE OF THE CLAIM FORM; RELIEF FROM SANCTIONS AND CHALLENGING THE JURISDICTION: A COMPLEX MIX?
The decision of Judge Hacon in Cant -v- Hertz Corporation [2015] EWHC 2617 (Ch) raises some interesting issues. However, equally interesting, are the issues that were not addressed. In particular the issues relating to the applicability of CPR Part 11…
DEFENDANT COUNTERCLAIMING EXEMPLARY DAMAGES AGAINST FRAUDULENT CLAIMANTS: AN INTERESTING REPORT
There is a report in the DWF update section of the case of Akhtar & Khan -v- Ball, a decision of HHJ Gregory on 10.7.15. It raises an interesting issue in relation to a counterclaim by a defendant faced with…
"DOCUMENTS WIN CASES"E-DISCLOSURE AND EVIDENCE FOR THE 21st CENTURY LITIGATOR: LEEDS 20th OCTOBER; LONDON 22nd OCTOBER
There is a panel session on e-disclosure and evidence in central Leeds on the 20th October and again in Lincoln’s Inn on the 22nd October. Both start at 4.00 pm and last two hours. LIVE AT LEEDS The session in…
THERE AREN'T EIGHT DAYS A WEEK: HIGH COURT'S CONCERNS ABOUT CASE MANAGEMENT AND TIMING ISSUES
It is rare for a judgment to begin with the judge setting out a series of concerns on the way that the case has been conducted. This is the situation in the judgment of HH Judge Saffman (sitting as a…
WHOSE WITNESS STATEMENT IS IT ANYWAY? WELL THE SOLICITOR DRAFTED IT FOR ME
The judgment of Mr Justice Blair in Barrett -v- Sandwell and West Birmingham Hospitals NHS Trust [2015] EWHC 2627 (QB) deals with many complex issues of causation and law in a difficult clinical negligence case. However I want to deal…
COMMITTAL APPLICATION REFUSED BECAUSE OF LONGSTANDING DEFECTS IN COURT FORM
In Re: Dad Application to commit Muhammad Nawaz Chaudry to prison [2015] EWHC 2655 (Fam) Mr Justice Holman refused an application to commit a respondent to prison on the grounds that the standard form of collection order did not comply…
ADVERSE INFERENCES FROM MISSING DOCUMENTS AND WITNESSES: ANOTHER CASE TO POINT
We have looked at the decision of Mr Justice Jay in Susan Saunderson & Others -v- Sonae Industria (UK) Ltd [2015] EWCA 2264 (QB) several times, firstly in relation to witness evidence and then in relation to the use of social…
CHILDREN AND SUCCESS FEES PART 2: WHAT SUCCESS FEE WAS REASONABLE?
We looked earlier at the decision of the Regional Cost Judge Lumb in the case of A & B -v- The Royal Mail Group [2015] EW Misc B24(CC)(14th August 2015). As a result of that case the decision of the success…
PLEADINGS PROOF AND EVIDENCE: CONFUSION IN ONE OFTEN LEADS TO PROBLEMS WITH THE OTHER
In Mann -v- Shelfside Holdings Limited [2015] EWHC 2583 (QB) the pleadings required rectifying at the start of the trial. The case is an interesting example of problems with pleading and proof. “This is not just a minor pleading point…
WHAT A DIFFERENCE A PAGE MAKES: COURT WOULD NOT RECONSIDER JUDGMENT BECAUSE TRIAL BUNDLE WAS MISSING A PAGE
In Absolute Lofts South West London Limited -v- Artisan Home Improvements [2015] EWHC 2632 (IPEC) the claimant had missed a crucial page from the trial bundle. His Honour Judge Hacon refused an application to reconsider his judgment on damages. If anything showed…
THE SUMMARY ASSESSMENT OF COSTS: A PRIMER
In the recent post on the case of SRA -v-Imran we saw the problems posed because the respondent had failed to file a schedule of costs. Rather than order a detailed assessment the judge’s response was to order a “nominal”…
GUIDANCE TO EXPERTS: CORRESPONDENCE TO THE BRITISH DENTAL JOURNAL: WHO DOES AN EXPERT "REPRESENT"?
It is rare that lawyers can look to the British Dental Journal for advice on procedure and evidence. However there is a beautifully phrased letter in the British Dental Journal “reviewing a review”. THE LETTER The writer was commenting on…
EVIDENCE, THE INTERNET AND SOCIAL MEDIA: FACEBOOK AND YOUTUBE EXPOSE DEFENDANT
The judgment of Judge Seymour in Cirencester Friendly Society -v- Parkin [2015] EWHC 1750(QB) provides another example of how the social media and the internet provides ammunition in litigation. Here we have a case of a defendant helpfully providing telling…
ADMINISTRATIVE COURT AWARDS NOTIONAL COSTS: THE PRICE TO PAY FOR THE ABSENCE OF A COSTS SCHEDULE
There is an interesting exchange at the end of the judgment of Mr Justice Dove in The Queen on the application of the Solicitors Regulation Authority -v- Imran [2015] EWHC 2572 (Admin). A REMINDER This is an example of the…
HOW THE BANKS GOT AWAY WITHOUT PAYING COURT FEES (FOR A WHILE)
The judgment of Master Matthews in Santander UK plc -v- The Royal Bank of Scotland plc [2015] EWHC 2560 (Ch) is an important review of the Norwich Pharmacal principles. However that is not what catches the eye. For a while…
SERVICE OF THE CLAIM FORM: A SORRY TALE OF A DOUBLE WHAMMY
We have looked at the case of Dzekova -v- Thomas Eggar LLP [2015] EWHC 2600 (QB) briefly before. However the full transcript has become available. It reveals a sorry tale of woe and yet another case of problems with service….
