DAMNED IF YOU DO: DAMNED IF YOU DON'T: AGREEING COSTS BUDGETS AND COMPLYING WITH THE OVERRIDING OBJECTIVE
“Are lawyers colluding on fees?”, asked Rachel Rothwell in the Law Society Gazette yesterday. Rachel was reporting on a concern, albeit a low key one expressed by some judges that parties are “colluding” to keep their fees high in costs…
WITNESS EVIDENCE & THE BURDEN OF PROOF: A CIVIL TRIAL IS NOT A SEARCH FOR THE ABSOLUTE TRUTH: FOOTBALLERS ON TRIAL
Anyone looking for a detailed consideration of the law relating to witness evidence and the burden of proof can find it in the judgment of His Honour Judge Butler (sitting as a High Court judge) in GB -v- Stoke City…
PROVING THINGS BY EVIDENCE: SUCH A QUAINT, OLD FASHIONED CONCEPT
The judgment of the Court of Appeal in One Money Mail Ltd -v- RIA Financial Services [2015] EWCA Civ 1084 highlights a surprisingly common theme in many judgments. A party wants damages but has simply failed to adduce the evidence…
APPLICATION FOR INDEMNITY COSTS REFUSED: A HIGH COURT DECISION
In the judgment today in Harlequin Property (SVG) Limited -v- Wilkins Kennedy [2015] EWHC 3050 (TCC) Mr Justice Coulson refused an application for indemnity costs and reduced the sum claimed from £51,787.50 to £35,000. THE CASE The claimant made a…
LIMITATION :"STANDSTILL AGREEMENT" HAS WIDE SCOPE & COVERS CLAIM IN DECEIT: COURT OF APPEAL DECISION
In Mortgage Express -v- Countrywide Surveyors Limited [2015] EWCA Civ 1110 the Court of Appeal construed a limitation “standstill” agreement. It is, possibly, the first time a “standstill” agreement has been construed on appeal. Given that these agreements are now…
CPR 3.10 STOPS A CLAIM FROM SINKING: USING THE WRONG FORM NOT FATAL TO AN ACTION
In LD Commodities Rice Merchandising LLC -v- The Owners and/or Charterers of the Vessel Styliani Z [2015 ] EWHC 3060 (Admlty) Mr Justice Teare considered a case where the claimant used the wrong form to issue an action, this could…
LATE APPLICATIONS TO ADJOURN: ABSENT WITNESSES AND CPR 33.4 WHEN A WITNESS IS UNWILLING TO ATTEND
Mrs Justice Whipple had to consider several preliminary applications in the case of American Express Services Europe Ltd -v- Al-Shabrakah [2015] EWHC 3004 (QB). There are several important observations in relation to applications to adjourn and witness evidence where a…
ISSUING WITHOUT AUTHORITY: THE DANGERS OF SOLICITORS SIGNING STATEMENTS OF TRUTH: ACTION STRUCK OUT AS AN ABUSE OF PROCESS
This blog has looked, several times, at the dangers of solicitors signing documents which contain a statement of truth. The risks are clearly set out in the decision of Mrs Justice Rose today in Bao Xiang International Garment Centre -v-…
AN OFFER IS NOT AN ADMISSION: HIGH COURT REJECTS APPLICATION FOR JUDGMENT ON ADMISSIONS
The previous post looked at the decision Mr Justice Coulson in The Dorchester Group Ltd -v- Kier Construction Limited [2015] EWHC 3051 (TCC) in relation to disclosure. Here we look at the decision in relation to the claimant’s application for…
BUDGETS , PROPORTIONALITY AND DISCLOSURE: THE RELEVANT TEST APPLIED WHEN A PARTY "GOES AWRY"
The judgment of Mr Justice Coulson in The Dorchester Group Ltd -v- Kier Construction Limited [2015] EWHC 3051 (TCC) contains much of interest in relation to admissions and procedure. However there are also interesting observations in relation to the way…
BIAS IN COURT AND WITNESS EVIDENCE: HOUSES OF PARLIAMENT NOTE: CREDIBILITY AND WITNESSES IN THE CIVIL COURTS
The Houses of Parliament have produced a note on Unintentional Bias in Court which deals with the issue of how assumptions, stereotypes and “contextual information” can influence judgement unintentionally. The note concentrates upon the impact in criminal proceedings. However it is…
WITNESS STATEMENT TOO SHORT; SKELETON ARGUMENT TOO LONG AND THE JUDGE WAS NOT NOT PERVERSE
In Royal Wolverhampton Hospitals NHS Trust -v- Evans [2015] EWCA Civ 1059 the Court of Appeal rejected an appeal by the defendant against a finding of liability. There are important observations in relation to procedure which merit examination. In…
THE DATE OF KNOWLEDGE AND SECTION 33: A CASE THAT CLINICAL AND PROFESSIONAL NEGLIGENCE LAWYERS PROBABLY NEED TO READ
In Rayner -v- Wolferstans & Medway NHS Foundation Trust [2015] EWHC 2957 (QB) Mr Justice Wilkie carried out a comprehensive review of the law relating to date of knowledge and Section 33 of the Limitation Action 1980. It also touches…
ANOTHER CLAIM FORM NOT SERVED PROPERLY: SERVICE ABROAD AND SERVICE ON A SOLICITOR
In Transportes Viana E Fernandes LDA -v- Baban & others (Brighton County Court, 15th January 2015)* His Honour Judge Simkiss overturned the order of the District Judge in circumstances where the claim form had not been served properly. The claim…
SUCCESSFUL PART 36 OFFER BY CLAIMANT ATTRACTS INDEMNITY COSTS ONLY FROM THE DATE OF EXPIRY OF THE OFFER: A HIGH COURT CASE
In RXDX -v- Northampton Borough Council [2015] EWHC 2938 (QB) Sir Colin Mackay revised an order in relation to indemnity costs following a Part 36 offer. THE CASE On the 12th March 2015 the claimant offered to settle the issue…
THE HUMBLE CASE SUMMARY: A NEGLECTED ART: I'M ON THE LOOKOUT FOR EXAMPLES OF BEST PRACTICE
The New Law Journal last month carried an important article from District Judge Nigel Law about his experience with case summaries in the county court. The case summaries he found were too long and rarely useful. This set me looking…
WITNESS TRAINING: BLUNTS THE EFFECTIVENESS OF TRIAL AND IS RELEVANT TO AN ASSESSMENT OF CREDIBILITY
Issues relating to “witness training” are bound to be controversial. The advocates of witness training (often, surprisingly, those who provide the training) state it is a good thing. However it is clear that trial judges often have their reservations as…
ADJOURNMENTS AND DISCRETION: DECISION NOT TO ADJOURN BANKRUPTCY PETITION UPHELD BY THE COURT OF APPEAL
In Edginton -v- Sekhon [2015] EWCA Civ 816 the Court of Appeal refused to overturn the judge’s decision not to adjourn a bankruptcy petition. “Delay is inimical to all forms of litigation and especially so in a collective enforcement process…
EXPERT WITNESSES GOING BEYOND THE BOUNDARIES OF EXPERT EVIDENCE: IT INCREASES COSTS AND IS COUNTER-PRODUCTIVE
In Johnston -v- TAG Farnborough Airport Limited [2015] UKUT 0534 Martin Rodger QC (Deputy President of the Upper Tribunal Land Chamber) had some telling observations about the role of the expert witnesses in that case. “The willingness of the experts…
DO FIXED COSTS APPLY TO PORTAL CASES ALLOCATED TO THE MULTI TRACK? A COUNTY COURT DECISION – THAT SAYS THAT THEY DO
In Quader -v- Esure Services Limited (Birmingham County Court 15th October 2015) His Honour Judge David Grant considered the issue of whether fixed costs applied to a portal case that was transferred to the Multi Track. THE CASE The judge…
