WITHDRAWING FROM ADMISSIONS, MISTAKES AND THE DENTON PRINCIPLES
There is a report on Lawtel of the decision of Judge Bidder QC in Moore -v- Worcestershire Acute Hospitals NHS Trust [12/02/15].* This case demonstrates some of the difficult issues in relation to the law of withdrawing from admissions. THE…
FOR TWO DOLLARS MORE: THE DANGERS OF NOT SENDING THE CORRECT COURT FEE
I am grateful to Gerard McDermott QC for sending me details from the American Bar Association Journal of a £2.5 million case in Powhattan Circuit Court where a $2.5 million dollar action failed because the court fee was incorrect by…
WHO SAYS THAT YOU'LL WIN NOTHING WITH KIDS? THE WITNESS EVIDENCE IN WOODLAND -v- MAXWELL CONSIDERED
The case of Woodland -v- Maxwell [2015] EWHC 273 (QB) is almost a procedural epic. It has involved one trip to the Court of Appeal to allow a withdrawal of admissions and a further trip to the Supreme Court on…
IN A DOG EAT DOG WORLD MAKE SURE YOU GET YOUR WITNESS STATEMENTS RIGHT (OR DON'T LET YOUR WITNESSES RABBIT ON WITHOUT GOOD EVIDENCE)
The judgment of Mr Justice Arnold in Supreme Petfoods Limited -v- Henry Bell & Co (Grantham) Limited [2015] EWHC 256 (Ch) contains a detailed analysis of the law relating to trade marks. Thanks to technology the judgment contains some vivid…
SUMMARY ASSESSMENT OF COSTS: ANOTHER EXAMPLE: SAY IT WITH FLOWERS
We have looked, several times, at judgments which contain summary assessment of costs. Not least to get a flavour of the approach of the courts. An assessment took place by Mr Justice Birss in Interflora -v- Marks & Spencer…
EXPERT EVIDENCE ABOUT THE VERACITY OF WITNESSES: WELL, IT IS PROBABLY A WASTE OF TIME
In Wigan Council -v- C [2015] EWFC 8 Mr Justice Peter Jackson raised considerable doubts as to whether an expert report on the potential veracity of child witnesses was of much value to a judge. It is a family case…
LITIGANTS IN PERSON INCREASE USE OF RESOURCES NOT SAVE THEM: COURT OF APPEAL DECISION
In Linder -v- Rawlins [2015] EWCA Civ 61 the Court of Appeal dismissed the appeal of a litigant in person appealing in relation to certain aspects of disclosure in a divorce petition. What is particularly telling is that part of…
WITNESS STATEMENTS AND "LITIGATION WISHFUL THINKING"
It is surprising how many cases turn, in essence, on the judge’s assessment of the credibility of the witnesses. In assessing the evidence on your own, and the other wise, litigators must be aware of the concept, and dangers, of…
WHAT THE JACKSON REPORT SAID ABOUT COURT FEES: TOO HIGH AND SHOULD BE USED TO IMPROVE CIVIL JUSTICE SYSTEM
The government, and the Ministry of Justice in particular, has been keen to advocate and implement the Jackson reports. The costs of litigation should be proportional and, in effect, this means reduced. However in all the discussions in relation to…
JOINDER OF A PARTY FOR COSTS, INDEMNITY COSTS & COMMENTS ON COSTS OUTSIDE THE COSTS BUDGET: EXCELERATE TECHNOLOGY ROUND 2
We looked earlier at the observations on costs in giving judgment in Excelerate Technology Ltd -v- Cumberbatch [2015] EWHC B1 Mercantile. A supplementary judgment on the costs issues is now available. It contains the rationale for the matters discussed in the…
WHEN WILL INDEMNITY COSTS BE ORDERED? A HIGH COURT DECISION CONSIDERED
Indemnity costs now carry extra weight in that, on assessment, the court is not bound by the principle of proportionality. In Siegel -v- Pummell [2015] EWHC 195 (QB) Mr Justice Wilkie reviewed the relevant principles in relation to indemnity costs….
EARLY CONTENDERS FOR WORST PUNS ON CIVIL CASES 2015: YOU JUDGE THE STANDARD
In the annual review of civil litigation of 2014 there was an easy winner for the case that gave rise to the most, and worst, puns. There is an early contender for this award in 2015. Since this competition is…
GUIDANCE GIVEN AS COSTS BUDGETING IN PRACTICE: CONTINGENCIES, RATES AND TIMING: YEO -v- TIMES NEWSPAPERS LIMITED
The judgment of Mr Justice Warby in Tim Yeo MP -v- Times Newspapers Limited [2015] EWHC 209 (QB) contains some interesting observations in relation to pleading allegations of fraud. However here we look at the judge’s observations in relation to…
EVANS -v- WOLVERHAMPTON: PART 36: SERVICE OF NOTICE TO APPEAL AND RELIEF FROM SANCTIONS: IN THE REPORTS AGAIN
The case of Evans -v- The Royal Wolverhampton Hospital Trust [2014] EWHC 3185 (QB) has been examined before in this blog. It was the case where the defendant made an ex parte application for permission to withdraw a Part 36…
THE RIHANNA CASE AND COSTS: A QUICK CODA
The main judgment in the Rihanna case was considered in an earlier post which considered the problems caused by witnesses giving opinion evidence. There is a short supplementary judgment Fenty -v- Arcadia Group Brands Ltd [2015] EWCA Civ 38 which…
CHILDREN & SUCCESS FEES: A POST-APRIL CHECKLIST & SOME DIFFICULT QUESTIONS
A previous post dealt with links to the rules and Practice Direction relating to success fees in children cases after the 6th April 2015. Here is a checklist of the relevant matters. CHECKLIST Prerequisites The action must have been settled…
CPR 3.9 AND EXTENSIONS OF TIME TO CHALLENGE REGISTRATION OF FOREIGN JUDGMENT: HIGH COURT CASE CONSIDERED
Mr Justice Jay considered CPR 3.9 and the Denton criteria in Satellite Communications Network Limited -v- Faisal Islamic Bank of Khartoom [2015] EWHC 4500 (QB). It deals with important points in relation to extensions of time under CPR 74.7 THE…
COSTS AGAINST NON-PARTIES: NOTHING LOST IN TRANSLATION: THE CAPITA CASE CONSIDERED
The decision today of Sir James Munby In the Matter of Capita Translation and Interpreting Limited [2015] EWFC 5 reiterates the principles of costs against third parties. The judgment contains a detailed review of the law relating to cost liability…
FUNDING, COSTS AND FATAL ACCIDENT CLAIMS: SOME PARTICULAR POINTS TO WATCH
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CHILDREN CASES AND THE RECOVERY OF A SUCCESS FEE: CHANGES COMING INTO FORCE ON APRIL 6th
Amidst all the changes to Part 36 it is easy to miss the fact that changes in relation to children cases on the 6th April 2015. In essence this provides a mechanism for the court to consider the deduction of…
WITNESS CREDIBILITY: WHAT FACTORS DOES THE COURT LOOK AT? ANOTHER EXAMPLE FROM THE MERCANTILE COURT
The case of Excelerate Technology Ltd -v- Cumberbatch [2015] EWHC B1 Mercantile was looked at in an earlier post in relation to the judge’s observations about the costs budget*. It did, however, contain important observations about the way in which judges assess…
THE COURT OF APPEAL CAN RE-OPEN A DECISION TO REFUSE PERMISSION TO APPEAL WHEN IT IS ALLEGED THE JUDGMENT WAS OBTAINED BY FRAUD
In Bishop -v- Chhokar [2015] EWCA Civ 24 the Court of Appeal decided that it had jurisdiction to re-open an order refusing permission to appeal when it was alleged that a judgment was obtained by fraud. THE CASE The respondent…
THE MITCHELL CASE AND COSTS: IN THE NEWS AGAIN
My apologies for relying on a non-legal source. However the BBC reports that Mr Mitchell has been ordered to pay both sets of costs in the defamation action. THE CASE BBC News reports a decision of Mr Justice Mitting that…
LATE SERVICE OF WITNESS STATEMENTS AND RELIEF FROM SANCTIONS IN THE HIGH COURT
In Devon & Cornwall Autistic Community Trust -v- Cornwall Council [2015] EWHC 129 (QB) the claimant’s application for the adjournment of the trial date was refused. However the claimant was given permission to serve witness statements late. Mr Justice Green…
MORE ON ADVERSE INFERENCES FROM ABSENT WITNESSES: A CLINICAL NEGLIGENCE CASE
In Webb -v- Liverpool Women’s NHS Foundation Trust [2015] EWHC 133 (QB) HH Judge Saffman (sitting as a judge of the High Court) considered the implications of an important witness not called by the defendant in a clinical negligence case….
SUMMARY JUDGMENT: CONDITIONAL LEAVE TO DEFEND NOT A RUNNER-UP PRIZE: A BARRIER TO THE FLOODGATES ARGUMENT?
In Global Flood Defence Systems Ltd -v- Van Den Noort Innovations BV [2015] EWHC 153 (IPEC) HH Judge Hacon made it clear that a court would only make an order giving conditional leave to defend in limited circumstances. THE CASE…
GET YOUR WITNESS TO CHECK THEIR STATEMENT CAREFULLY: OR ELSE
Many earlier posts have concentrated upon the need for care and accuracy in the drafting of witness statements. A classic example of the problems that can occur is shown in the judgment of Mr Justice Warby in David Halberstam -v-…
THE DUTY OF FULL AND FRANK DISCLOSURE: A CASE IN POINT
In PCV -v- The Y Regional Government of X [2014] EWHC 68 (Comm) Mr Justice Hamblen set out, in clear terms, the rigorous nature of the duty to give full and frank disclosure to the court when making a without…
PRELIMINARY APPLICATIONS: DEPARTING FROM COST BUDGETS AND FAILURE TO SERVE COST SCHEDULES: A HIGH COURT DECISION
In Simpson -v- MGN Limited [2015] EWHC 126 (QB) Mr Justice Warby considered several contentions in relation to costs budgeting; non-service of costs schedules and proportionality. This is, again, a case that serves as an object lesson as to the…
CFA NOT FRUSTRATED BY CAPACITY: BLANKLEY APPEAL DRAWS A BLANK FOR DEFENDANT
In Blankley -v- Central Manchester and Manchester Children’s University Hospitals NHS Trust [2015] EWCA Civ 18, where judgment was given today, the Court of Appeal upheld the first instance decision that a claimant’s subsequent incapacity does not invalidate a claimant’s…
ABSENT WITNESSES ARE NOT NECESSARILY DECISIVE: WESTERN TRADING CONSIDERED
Several recent posts have looked at the inferences the court can draw in circumstances where a witness is not called or is silent on key points. This issue was mentioned in a judgment today by H H Judge Mackie QC…
INFERENCES TO BE DRAWN FROM SILENCE: THE VIEWS OF THE SUPREME COURT
In the recent case of Gordon Ramsay -v- Gary Love [2015] EWHC 65 Mr Justice Morgan considered, among other things, the inferences that could properly be drawn from the absence or silence of a witness. He refers to the relevant…
APPEALING COSTS BUDGETS: THE RELEVANT CRITERIA CONSIDERED AND APPLIED
The decision of H H Judge Freedman in Havenga -v- Gateshead NHS Foundation Trust [2014] EWHC B25(QB) demonstrates how difficult it is for a party to appeal a costs budget. THE CASE The claimant was bringing a claim for hemiplegic…
THE DANGERS OF A PART 36 OFFER: CLAIMANT PAYS THREE TIMES MORE IN COSTS THAN HE RECEIVED IN DAMAGES
The dangers of a claimant rejecting a Part 36 offer are clearly demonstrated in the case of UWUG Ltd & Haiss -v- Ball [2015] EWHC 74 (IPEC). The claimant received damages of £2,859.20 but was ordered to pay the defendant…
COSTS AT THE END OF THE CASE: THE JUDGE CAN MAKE OBSERVATIONS ABOUT MATTERS OUTSIDE THE COSTS BUDGET
The judgment of H.H. Judge Simon Brown Q.C in Excelerate Technology Ltd -v- Cumberbatch [2015] EWHC B1 Mercantile contains some interesting observations at the end. This illustrates the need for trial counsel to be aware of both the costs budget…
THE RIHANNA CASE AND OPINION EVIDENCE IN WITNESS STATEMENTS: BEEN THERE, DONE THAT GOT THE TEE SHIRT
We should, perhaps, get used to celebrities dominating the law reports. After court fees are increased they will be the only people who will be able to afford litigation in any event. The case of Robyn Rihanna Fenty -v- Arcadia…
LET THE COURT KNOW HOW MUCH AN EXPERT IS GOING TO COST: A MANDATORY REQUIREMENT
The short judgment of Mr Justice Warby in Sloutsker -v- Romanova [2015] EWHC 81(QB) contains some important observations about preparing for hearings. It also serves as a timely reminder that a party asking for permission to instruct an expert must…
DOCUMENTS, CIVIL EVIDENCE AND WITNESS STATEMENTS: SERVE PROPER NOTICES OR YOU COULD BE ON YOUR BIKE
The judgment of His Honour Allan Gore QC (sitting as a High Court judge) in Edwards -v- London Borough of Sutton [2014] EWHC 4378 QB contains some important observations about documents, Civil Evidence Act notices and witness statements. THE CASE…
GET BUNDLES AND SKELETON ARGUMENTS TO COURT – OR ELSE: CHIEF CONSTABLE COPS IT
There is a brief report on Lawtel today of the case of Marsh -v- Ministry of Justice (QB Phillips J 20/01/2015)*. It provides an object lesson on the need for all parties (and non-parties) to lodge – or re-lodge -…
GORDON RAMSAY CASE AND WITNESS EVIDENCE: ABSENCE OF KEY WITNESSES DOES NOT LEAD TO TURNING UP OF THE HEAT
The case of Gordon Ramsay -v- Gary Love [2015] EWHC 65 (Ch) has had much attention in the media, primarily because of the identity of the claimant. However the judge made important observations as to the inferences that can be…
SUBSTANTIAL COSTS INCURRED IN ARGUING ABOUT COSTS: NIGHTMARE IN BELGRAVIA?
In Chliafichtein -v-Wainbridge Estates Belgravia Ltd [2015] EWHC 47 (TCC) Mr Justice Coulson made some comments in relation to the escalation of costs in preparing for an argument about who should pay the costs. THE CASE The claimant obtained an…
SERVICE OF THE CLAIM FORM: E-MAILING A COPY IS NOT GOOD SERVICE (AND WON'T BE EXCUSED)
Service of the claim form raises its head for the second time in two days. In Dunbar Assets Plc -v- BCP Premier Limited [2014] EWHC 10 (Ch) Mr John Baldwin QC (sitting as a Deputy Judge) overturned an order that…
PROPOSALS FOR INCREASED COURT FEES: MONITORING THE PROPOSALS AND THE DEBATES
There is a section on this blog which provides regularly updated links to posts and articles on civil procedure. However the issue of the major proposed increase in court fees is such a major issue I am giving this its…
WITNESS "PREPARATION" IN A CIVIL CONTEXT: HOW DO WE HELP THE UNDERDOG WHILST WORKING ON A SHOESTRING?
The controversy surrounding the new guidelines by the CPS for the preparation of witnesses in serious cases has led me to consider the rules and principles relating to witness preparation in the context of civil litigation. This is always a…
SIX MONTH PERIOD FOR SERVICE, EVEN IF "FOREIGN" DEFENDANT ACTUALLY SERVED WITHIN THE JURISDICTION
Another interesting twist to the law of service of proceedings can be found in the Court of Appeal decision in Ashley -v- Tesco Stores (15/01/2015)*. The Court of Appeal found that there was a six month period for service of…
LATE SERVICE OF WITNESS STATEMENTS: ORAL APPLICATION TO EXTEND TIME GRANTED – BUT ON STRICT TERMS
In Rai -v- Jaskaran Singh Bholowasia Pardes Weekly (UK) Ltd [2014] EWHC 4501 (QB) Mrs Justice Simler granted what was effectively an oral application for relief from sanctions. THE CASE The claimant brought an action for defamation. There was an…
COSTS REDUCED FROM £201,000 TO £96,465 ON SUMMARY ASSESSMENT: A WORKING EXAMPLE OF PROPORTIONALITY IN PRACTICE
It is always useful to look at the way in which courts are carrying out summary assessments. Another interesting example of the pragmatic approach adopted can be found in the judgment of Mr Justice Akenhead in Savoye -v- Spicers Ltd…
£3,500 DAMAGES: A 10 DAY TRIAL: 3 DAYS IN THE COURT OF APPEAL: £500,000 IN COSTS: BLEAK HOUSE IN THE COURT OF APPEAL
In Gilks -v- Hodgson [2015] EWCA Civ 5 the Court of Appeal had strong words to say about the costs of a boundary dispute. The observations should be read by anyone tempted to litigate about these issues. THE CASE The…
PUTTING "WITHOUT PREJUDICE" ON LETTERS DOES NOT NECESSARILY MAKE THEM PRIVILEGED: AVONWICK -V- WEBINVEST IN THE COURT OF APPEAL
The case of Avonwick -v- Webinvest has been looked at before on this blog. Mr Justice David Richards held that letters asking for time to pay a debt were not covered by privilege just because they were headed “without prejudice”….
RECEIVERS, EXTENSIONS OF TIME AND RIGOROUS COSTS BUDGETING TO ENSURE PROPORTIONALITY
The Denton principles were considered by Mr Registrar Jones in Justice Capital Ltd -v- Murphy [2014] All ER (D) 187 (Dec). There were important issues in relation to proportionality and costs. Of particular interest is the rigorous case management and…
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