EVIDENCE, DAMAGES AND A SOLICITOR'S GOODWILL
The Court of Appeal decision in Karim -v- Wemyss [2016] EWCA Civ 27 has already received some publicity, involving as it does litigation following the sale of a solicitor’s practice. However the decision also shows the dangers of not bringing…
EXTENDING TIME FOR SERVICE OF THE CLAIM FORM: A RISKY BUSINESS
In Medhi Kohsravi -v- British American Tobacco PLC [2016] EWHC 123 (QB)Sir David Eady stated that he would have set aside an order extending time for service of the claim form. It is a timely warning that obtaining an extension…
PICKING UP BAD CITATIONS: & SKELETON ARGUMENTS – STILL TOO LONG:
In an afternote to his judgement in Commercial Management (Investments) Ltd -v- Mitchell Design and Construct Ltd [2016] EWHC 76 (TCC) Mr Justice Edwards-Stuart added his voice to the many judges who have commented on the excessive length of skeleton…
COSTS,INDEMNITY AND CONTRIBUTION PROCEEDINGS: (OR "COPPERS COP IT")
In Mohidin -v-Commissioner of Police for the Metropolis [2016] EWHC 105 (QB) Mr Justice Gilbart carried out an extensive review of the principles relating to contribution proceedings and costs. KEY POINTS Two police officers who had been involved in the…
LATE AMENDMENT ALLOWED: TRIAL DATE MOVED: A CLINICAL NEGLIGENCE CASE
In G -v- Kings College Hospital NHS Foundation Trust Appeal [2016] EWHC 104 (QB) Mrs Justice May granted the claimant permission to amend the Particulars of Claim even though this meant moving a 7 day trial listed in early April…
COURT FEES: LINKS FOR TODAY
The links section is an integral part of this blog. For today, however, I wanted to take those links on the issue of court fees and put them in a post of their own. That is the responses today to…
VARYING JUDGMENT ENTERED BY CONSENT: CAUSATION, APPEALS AND "NEW" EVIDENCE
In Atkins -v- The Co-operative Group [2016] EWHC 80 (QB) Mr Justice Supperstone varied a consent order giving judgment for the claimant on liability. The appeal against the order was not made until six months after the judgment was entered….
WAIVING PRIVILEGE IN WITNESS STATEMENTS: ANOTHER HIGH COURT DECISION
The question of waiving privilege in witness statements has been considered several times on this blog. The case of Commodities Research Unit International (Holdings) Ltd -v- King and Wood Mallesons LLP [2016] EWHC 63 (QB) shows that privilege can be…
KERRY UNDERWOOD ON QOCS: A REVIEW
A review of QOCS, Section 57 and Set off. Kerry Underwood. £25.00. Available online here Qualified one way costs shifting is here to stay. It may be extended to other areas. A detailed knowledge of the rules and regulations is…
RELIEF FROM SANCTIONS, "MATERIALITY" & CONSIDERING THE MERITS IN A DEFAULT JUDGMENT: APPEAL AGAINST REFUSAL OF RELIEF ALLOWED
In Joshi & Welch Limited -v- Tay Foods [2015] EWHC 3905 (QB) Mr Justice Green allowed an appeal where the judge a first instance refused to grant relief from sanctions. Much centred on the definition of the word “material”. The…
COSTS AFTER A SPLIT TRIAL: PART 36; UNNECESSARY EXPERT REPORTS; PROPORTIONALITY AND USELESS BUNDLES: ALL LITIGATION LIFE IS HERE
The short judgment of Mr Justice Males in C&S Associates UK Limited -v- Enterprise Insurance Company PLC [2016] EWHC 67 (Comm) encapsulates many of the problems of contemporary litigation. “It is important that those litigating in this court are aware…
WITNESS CREDIBILITY, ATTENDANCE NOTES AND FINDINGS OF FACT
In Mansion Estates Ltd -v- Hayre & Co (A Firm) [2016] EWHC 96 (Ch) His Honour Judge Saffman (sitting as a judge of the High Court) went, carefully, through the principles relating to witness credibility and findings of fact. Given…
RELIEF FROM SANCTIONS APPLICATIONS: 10 POINTS TO IMPROVE THE ODDS
It is now just over 18 months since the Denton decision. Cases in relation to relief from sanction are still being reported regularly. It is clear that default remains a problem and an issue within the civil courts. Further it…
LORD CHIEF JUSTICE'S REPORT 2015: CIVIL WORK
The Lord Chief Justice’s Report 2015 covers a number of issues. Of particular interest to civil practitioners. The Briggs Review is summarised. There is an emphasis on control of litigation costs and court fees “The Jackson review reforms have now…
EVIDENCE, PROOF AND DOCUMENTS: MEDICAL RECORDS NOT DEFINITIVE OF CONDITION
The judgment of Mrs Justice Patterson DBE in Hunt -v- Nottingham University Hospitals NHS Trust [2016] EWHC 47 (QB) is one where the claimant succeeded in establishing negligence on the part of the defendant Trust. However there is an interesting…
PERMISSION NOT GRANTED TO CALL EMPLOYMENT EXPERTS: THE RELEVANT PRINCIPLES CONSIDERED
In Various Claimants -v- Sir Robert McAlpine [2016] EWHC 45 (QB) Mr Justice Supperstone and Master Leslie considered the rules and case law in relation to the need to call expert witnesses in detail. KEY POINTS The claimants were refused…
JUDGMENT IN OTHER PROCEEDINGS ARE NOT EVIDENCE
A short passage in the judgment of Mrs Justice Lang DBE in Daniel -v- St George’s Healthcare NHS Trust [2016] EWHC 23 (QB) highlights the point that the conclusions in other proceedings are not evidence in a civil trial. KEY…
RELIEF FROM SANCTIONS REFUSED: NO PERMISSION TO SERVE RESPONDENT'S NOTICE LATE
In Pipe -v- Spicerhaart Estate Agents Ltd [2016] EWHC 61 QB Mr Justice Sweeney refused permission to serve a Respondent’s notice late. “Against the background that this is a small claims case, the conduct of the Respondent in relation to…
DECISION NOT TO ADMIT LATE WITNESS EVIDENCE UPHELD BY THE COURT OF APPEAL
There is a brief report on Lawtel of the decision in Judges Sykes Frixous -v- Bhabra (CA 14/010/2016).* This provides another example of a party (unsuccessfully) trying to serve witness evidence late in the day. There are numerous posts on…
NO RELIEF FROM SANCTIONS AFTER BREACH OF A PEREMPTORY ORDER: HIGH COURT DECISION CONSIDERED
In Sinclair -V- Dorsey & Whitney (Europe) LLP [2015] EWHC 3888 (Comm) Mr Justice refused an application from relief from sanctions. (I am grateful to Michael Wilson & Partners Ltd for sending me a copy of the transcript). “The starting point is…
ANOTHER CASE OF INDEMNITY COSTS BECAUSE OF A REFUSAL TO MEDIATE
The decision on Master Simons in Bristow -v- The Princess Alexander Hospital NHS Trust [2015] EWHC B22 (Costs) contains examples of two mistakes that can be made on assessment of costs. The most telling is the defendant’s failure to respond…
PART 36, THE COMPENSATION RECOVERY UNIT AND COSTS: A SIGNIFICANT COURT OF APPEAL DECISION
In Crooks -v- Hendricks Lovell Limited [2016] EWCA Civ 8 the Court of Appeal considered some significant issues in relation to the interrelationship between Part 36 and the CRU situation in personal injury cases. KEY POINTS A claimant who recovered…
A POTENTIAL BENEFICIARY CANNOT BRING AN ACTION ON BEHALF OF AN ESTATE
The facts in Haastrup -v- Okorie [2016] EWHC 12 (Ch) are somewhat complex. However they do bring home some important matters in relation to the need to have capacity to bring proceedings on behalf of an estate. The judgment of…
SERVICE BY EMAIL IS GOOD SERVICE: FAMILY COURT DECISION
Issues of electronic service are still relatively novel. Some interesting issues were addressed by Mostyn J in Maughan -v- Wilmot [2015] EWHC 29 (Fam). This is a family case where important observations are made in relation to service by email…
APPLICATIONS FOR PRE-ACTION DISCLOSURE MUST BE MADE PRE-ACTION (NOT A GREAT SURPRISE THIS)
In Personal Management Solutions Ltd -v- Gee 7 Group Wealth Limited [2015] EWHC 3859(Ch) Mr Justice Morgan decided that applications for pre-action disclosure must be made pre-disclosure. The court did not have jurisdiction to make such an application once proceedings…
FIXED COSTS, PART 36 AND THE PROTOCOL: A DIFFERENT OUTCOME
NB this decision was upheld by the Court of Appeal. Broadhurst -v- Tan [2016] EWCA Civ 94. The post earlier today on fixed costs after Part 36 offers led Benjamin Williams QC to, kindly, send me a decision of Smith -v-…
LATE SERVICE OF THE CLAIM FORM, EXTENSIONS OF TIME AND RESTORATION TO THE REGISTER: IT DOESN'T END WELL
The decision in Hyfield Estates Ltd -v- Eggar [2015] EWHC 3773 (QB) (His Honour Judge Peter Hughes QC sitting as a Judge of the High Court) provides another example of the dangers of late service of the claim form “It…
CIVIL COURTS STRUCTURE REVIEW: LINKS
The Civil Courts Structure Review has potentially profound changes to the structure of the civil courts. Here are links to the key documents The report itself is available here The Welcoming Statement is available here The press summary can be…
FIXED COSTS AND CLAIMANT'S PART 36 OFFERS
This case must be read with the Court of decision in Broadhurst -v- Tan [2016] EWCA Civ 94. This effectively overrides this decision. Fixed costs do not apply when indemnity costs are ordered. There is a report, helpfully put online by…
LIMITATION, PAIN AND ANGUISH: A GENTLE REMINDER ABOUT NEW YEAR'S RESOLUTIONS (1)
Most New Year’s resolutions last 24 days. In an effort to keep litigators on board for the whole of the year in relation to the Resolutions for Litigators for 2016 I am doing a series of short reminders about the…
NEW EVIDENCE ALLOWED AFTER HEARING: A HIGH COURT DECISION
In Swift Advances PLc -v- Ahmed [2015] EWHC 3265 (Ch) Mr Justice Norris permitted new evidence to be adduced after evidence and submissions had been completed. “..it may be expected that courts will allow fresh evidence when to refuse it…
THE DANGERS OF NOT PAYING THE CORRECT COURT FEE: CASES BARRED BY LIMITATION BECAUSE WRONG COURT FEE WAS PAID
In Richard Lewis & Others -v- Ward Hadaway [2015] EWHC 3503 (Ch) Mr John Male QC summary judgment was given for the defendants on the grounds that a deliberate decision to pay an incorrect court fee on issue meant…
WITNESSES: PERSONAL ATTENDANCE, VIDEO LINKS AND DEPOSITIONS
In another decision in the Kimathi -v- Foreign and Commonwealth Office [2015] EWHC 3684 (QB) case Mr Justice Stewart considered the question of whether witnesses should attend court, use video link or whether depositions should be taken. “the general rule…
RELIEF FROM SANCTIONS, FRAUD AND THE CHANGING SITUATION
I must preface this post with the warning that it is not possible to cite decisions relating to permission to appeal. However the decision in Bawden -v- WM Morrison Supermarkets PLC [2015] EWCA Civ 957 is interesting in itself. The…
INADEQUATE WITNESS STATEMENTS, A "CULTURE OF NON-COMPLIANCE" AND THE SECRETARY OF STATE FOR JUSTICE
The decision of District Judge Hickman in the small claims case of Thakar -v- The Secretary of State for Justice [2015] EW Misc B44 is one that is likely to attract a lot of attention given that it was a…
USING WITNESS STATEMENTS PREPARED IN ANOTHER ACTION: WHEN IS A "HEARING HELD IN PUBLIC"
CPR 32.12 prevents witness statements served in an action being used for any other purpose. However there is an exception when a statement is “put in evidence at a hearing held in public”. This issue was considered in Kimathi -v- Foreign…
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