DENTON DOES NOT APPLY TO DELAY IN PROVISIONAL ASSESSMENT
I am grateful to Simon Anderson of Park Square Barristers for his note of the judgment of Deputy District Judge Hill yesterday (4th March 2016) in the case of Martin -v- The Leeds Teaching Hospitals NHS Trust. This decision is…
WITNESS EVIDENCE, RECOLLECTION,RECONSTRUCTION AND CLINICAL NEGLIGENCE
There were eighteen (factual and expert) witnesses in the trial in Dr Sido John -v- Central Manchester and Manchester Children’s Hospitals NHS Foundation Trust [2015] EWHC 407 (QB). However, ultimately, the case on liability rested rested on which lay witness…
SCHEDULES OF DAMAGES, WASTED COSTS AND THE STATEMENT OF TRUTH
It is important that the report of the decision in Brown -v- Haven by Flint Bishop in their post on wasted costs order is given wide publicity. The judgment of Deputy District Judge Lingard is available here. (This is one…
CHANGES TO COST BUDGETING RULES: KEY DATES AND TIMES
The previous post looked at the changes to costs budgeting coming into force on the 6th April. Here is a list of the key dates and times. These are key dates in litigation and the sanction for failing to…
IMPORTANT CHANGES TO COSTS BUDGETING: THE KEY POINTS
New rules in relation to costs budgeting come into force on the 6th April 2016. They apply to proceedings commenced on or after 6th April 2016. EXEMPTION FOR CHILDREN 5. In rule 3.12(1), for subparagraph (c), substitute— “(c) where in…
THERE IS NO SPECIAL RULE FOR PUBLIC AUTHORITIES: SECRETARY OF STATE NOT GRANTED PERMISSION TO APPEAL OUT OF TIME
The previous post emphasised the point that state agencies have no preferred status when it comes to compliance with rules and relief from sanctions. This point was made clear again by the Court of Appeal judgment in The Secretary of…
A "DISTURBING" APPROACH TO COMPLIANCE: STATE AGENCIES HAVE NO PREFERRED STATUS
The judgment of the Court of Appeal in BPP Holdings -v- The Commissioners for Her Majesty’s Revenue and Customs [2016] EWCA Civ 121, contains some observations in relation to compliance that are of general relevance. Not least everyone litigating on…
WHAT IS THE POINT OF THE PORTAL? INSURERS CONTACTING CLAIMANTS DIRECTLY: STILL
I post (with his permission) a letter from Kerry Kirkbride. It relates to the regular issue of insurers ignoring claimant solicitors and writing to claimants directly after notification on the Portal. WHAT IS THE PURPOSE OF THE PORTAL? “I am…
A CLEVER PLOY: HIRE EXPENSIVE LAWYERS AND THEN ARGUE COSTS ARE DISPROPORTIONAL
The decision of Mr Justice Foskett in Vilca -v- Xtrata Limited [2016] EWHC 389 (QB) is interesting for a number of reasons, in particular relating to disclosure and case management. Here I want to look at the judge’s consideration of arguments…