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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers, Leeds, Manchester & Birmingham. 4-5 Gray's Inn Square, London.
Browse: Home » 2017 » May
PROVING THINGS 62: "TOTALLY UNSATISFACTORY" EVIDENCE AT TRIAL FAILS TO PROVE SPECIAL DAMAGES

PROVING THINGS 62: “TOTALLY UNSATISFACTORY” EVIDENCE AT TRIAL FAILS TO PROVE SPECIAL DAMAGES

May 31, 2017 · by gexall · in Civil evidence, Civil Procedure, Damages, Schedules, Witness statements

I wrote about the judgment in Stewart & Chergui -v- The Commissioner of Police for the Metropolis [2017] EWHC 921 (QB), yesterday. There is no harm in repeating one element of that post in this series.  I am repeating it because…

WISEMAN -V- MARSTON: THE UNDERPAYMENT OF COURT FEES:  DEFENDANT'S APPLICATION FOR PERMISSION TO APPEAL REFUSED

WISEMAN -V- MARSTON: THE UNDERPAYMENT OF COURT FEES: DEFENDANT’S APPLICATION FOR PERMISSION TO APPEAL REFUSED

May 31, 2017 · by gexall · in Appeals, Court fees, Striking out

In December last year I reported on the decision in Wiseman -v- Marston’s PLC (Sheffield County Court 21st December 2016). His Honour Judge Robinson allowed the claimant’s appeal in a case relating to payment of court fees. The defendant applied for…

COSTS AT THE END OF THE CASE - WHO IS THE REAL WINNER? (AND MORE ABOUT FAILING TO PROVE DAMAGES)

COSTS AT THE END OF THE CASE – WHO IS THE REAL WINNER? (AND MORE ABOUT FAILING TO PROVE DAMAGES)

May 30, 2017 · by gexall · in Assessment of Costs, Civil evidence, Costs, Damages

It is uncertain how much a three week jury trial in the High Court will cost.  It is certain that it costs a great deal more than the awards of £5,400 and £5,700 Mrs Justice McGowan awarded to the claimants…

SETTING ASIDE JUDGMENT, DELAY AND DENTON: "PROMPTNESS" CONSIDERED: DELAY MUST BE EXPLAINED

SETTING ASIDE JUDGMENT, DELAY AND DENTON: “PROMPTNESS” CONSIDERED: DELAY MUST BE EXPLAINED

May 29, 2017 · by gexall · in Applications, Civil Procedure, Default judgment,, Relief from sanctions, Setting aside judgment

In Redbourn Group Ltd -v- Fairgate Development Limited [2017] EWHC 1223 (TCC) Mr Justice Coulson refused to set aside a default judgment.  The case contains some important discussion on how the Denton principles apply to applications to set aside judgment. “……

LATE SERVICE OF APPLICATIONS, INACCURATE TIME ESTIMATES  AND THE PRESUMPTIONS THE JUDGE SHOULD DRAW

LATE SERVICE OF APPLICATIONS, INACCURATE TIME ESTIMATES AND THE PRESUMPTIONS THE JUDGE SHOULD DRAW

May 29, 2017 · by gexall · in Applications, Case Management, Injunctions

In Capita PLC -v- Darch [2017] EWHC 1248 (Ch) Richard Spearman QC highlighted some of the procedural issues that can arise when applications are served late and with insufficient time estimates.   A failure to serve promptly did not, ultimately,…

EXPERTS AND EVIDENCE: WHEN THE CASE GETS PIECED TOGETHER ON THE EVE OF THE TRIAL

EXPERTS AND EVIDENCE: WHEN THE CASE GETS PIECED TOGETHER ON THE EVE OF THE TRIAL

May 26, 2017 · by gexall · in Civil evidence, Clinical Negligence, Disclosure, Expert evidence, Experts

In the course of a very detailed judgment today  in a clinical negligence case Mr Justice Langstaff made some important observations about expert evidence. He observed that late evidence may lead to costs consequences. Given that the whole rationale of…

CLIFF, THE BBC AND PART 18 OF THE CPR: "WE DON'T TALK ANY MORE"

CLIFF, THE BBC AND PART 18 OF THE CPR: “WE DON’T TALK ANY MORE”

May 26, 2017 · by gexall · in Civil evidence, Civil Procedure

In Sir Cliff Richard OBE -v- The British Broadcasting Corporation [2017] EWHC 1291 (Ch) Mr Justice Mann considered an issue of whether the BBC should answer Part 18 questions. It is unusual for one Part 18 question to be the…

DEALING WITH BEREAVED  CLIENTS: A DEFICIT IN LEGAL TRAINING?

DEALING WITH BEREAVED CLIENTS: A DEFICIT IN LEGAL TRAINING?

May 26, 2017 · by gexall · in Fatal Accidents, Useful links

I was lecturing yesterday alongside an oncologist.  He has a difficult job.  On a regular (sometimes daily) basis he has to tell patients whether they can be treated, how long they “have left” and whether treatment is worthwhile. This left…

CHANGING FROM LEGAL AID TO CFA: THE COURT OF APPEAL DECISION

CHANGING FROM LEGAL AID TO CFA: THE COURT OF APPEAL DECISION

May 25, 2017 · by gexall · in Costs

This blog has followed the cases that arose out of decisions to switch from public funding to legal aid. In Hyde -v- Milton Keynes NHS Foundation Trust [2017] EWCA Civ 399 the Court of Appeal has given a judgment that…

BOOK  REVIEW: AN INTRODUCTION TO PERSONAL INJURY LAW

BOOK REVIEW: AN INTRODUCTION TO PERSONAL INJURY LAW

May 25, 2017 · by gexall · in Book Review, Personal Injury

I reviewed David Boyle’s book on expert evidence earlier in the year. He has presumably decided to forego all forms of social interaction and has now written a general introduction to Personal Injury.  The book places some emphasis on the…

LIES, DAMN LIES AND CAR HIRE QUOTES: COMPUTER RECORDS, AND INTERNAL DOCUMENTS PREFERRED TO WITNESS EVIDENCE

LIES, DAMN LIES AND CAR HIRE QUOTES: COMPUTER RECORDS, AND INTERNAL DOCUMENTS PREFERRED TO WITNESS EVIDENCE

May 24, 2017 · by gexall · in Civil evidence, Civil Procedure, Committal proceedings, Disclosure, Witness statements

The judgment in Accident Exchange Limited -v- Broom [2017] EWHC 1096 (Admin) shows a deliberate, and concerted, effort to undermine the civil justice process. It also shows the importance of obtaining computer records, and internal documentation when preparing a trial….

DAMAGES, COSTS AND MEDIATION: COURT OF APPEAL CONSIDERS THE BOUNDARIES

DAMAGES, COSTS AND MEDIATION: COURT OF APPEAL CONSIDERS THE BOUNDARIES

May 24, 2017 · by gexall · in Appeals, Damages, Interest, Mediation, Mediation & ADR

In  the judgment today Gore -v- Naheed [2017] EWCA 369 the Court of Appeal considered the issue of damages being awarded (when they had not been claimed) and where costs should lie when a party – reasonably – declined to…

AMENDMENT, PLEADINGS,  NEARLY OPPRESSIVE CONDUCT AND PROLIX WITNESS STATEMENTS: MASTER ISSUES AN EARLY WARNING

AMENDMENT, PLEADINGS, NEARLY OPPRESSIVE CONDUCT AND PROLIX WITNESS STATEMENTS: MASTER ISSUES AN EARLY WARNING

May 24, 2017 · by gexall · in Amendment, Applications, Statements of Case, Witness statements

In Williers -v Joyce [2017] EWHC 1225 (Ch) Chief Master Marsh issued a number of warnings in relation to procedural issues.  Amendment, conduct, pleadings, disclosure and witness statements are considered. (The judgment also contains a full copy of the re-amended…

EXTRAORDINARY AMOUNT OF COSTS CAUSES JUDGE GREAT CONCERN: RBS COSTS ESTIMATES GREATLY EXCEEDED - NOW £129 MILLION

EXTRAORDINARY AMOUNT OF COSTS CAUSES JUDGE GREAT CONCERN: RBS COSTS ESTIMATES GREATLY EXCEEDED – NOW £129 MILLION

May 23, 2017 · by gexall · in Assessment of Costs, Costs, Proportionality

The RBS Rights Issue Litigation is clearly a major and unusual case.  However costs have to be reasonable and proportionate even (and perhaps especially) in this type of litigation. This is made clear in the judgment of Mr Justice Hildyard…

A CLAIMANT CAN SUE AN UNNAMED DRIVER (AND THE INSURER HAS TO PAY): COURT OF APPEAL DECISION TODAY

A CLAIMANT CAN SUE AN UNNAMED DRIVER (AND THE INSURER HAS TO PAY): COURT OF APPEAL DECISION TODAY

May 23, 2017 · by gexall · in Amendment, Appeals, Applications, Insurance, Judgment, Parties to actions

NB THIS DECISION WAS OVERTURNED BY THE SUPREME COURT IN Cameron v Liverpool Victoria Insurance Co Ltd [2019] UKSC 6 t In Cameron -v- Hussain [2017] EWCA Civ 366 the Court of Appeal (by a majority) considered the question whether a claimant…

APPEALS, TIME, SERVICE, VENUE: A REAL PROCEDURAL HOTCHPOTCH - EVEN BEFORE THE MAIN ISSUE IS CONSIDERED

APPEALS, TIME, SERVICE, VENUE: A REAL PROCEDURAL HOTCHPOTCH – EVEN BEFORE THE MAIN ISSUE IS CONSIDERED

May 23, 2017 · by gexall · in Appeals, Applications, Relief from sanctions, Serving documents

The judgment of Mr Justice Jay in Enniful -v- Motor Insurers Bureau [2017] EWHC 1086 (QB) is a procedural hotchpotch. It relates to service, delay, dates of compliance, venue for appeals and relief from sanctions. All of this occurred before…

TALES FROM THE APIL CONFERENCE IV: HOW PROCEDURAL CHANGES CAN MAKE A DIFFERENCE IN THE REAL WORLD

TALES FROM THE APIL CONFERENCE IV: HOW PROCEDURAL CHANGES CAN MAKE A DIFFERENCE IN THE REAL WORLD

May 22, 2017 · by gexall · in Civil evidence, Civil Procedure

This may have been a strange venue to be talking about intellectual property rights and civil procedure.  However it arose because Mr Justice Birss was on the panel and he has a background in intellectual property law. HOW CHANGES TO…

TALES FROM THE APIL CONFERENCE 3: WITNESS STATEMENTS: LITIGANTS IN PERSON ARE BETTER THAN LAWYERS

TALES FROM THE APIL CONFERENCE 3: WITNESS STATEMENTS: LITIGANTS IN PERSON ARE BETTER THAN LAWYERS

May 22, 2017 · by gexall · in Civil evidence, Courses, Witness statements

I attended the APIL conference because I was asked to talk about “proving things”, that is the basic task of establishing a case by evidence. The fact that this blog has a long-running series on this issue may have played…

TALES FROM THE APIL CONFERENCE II: THE ONGOING DEBATE ABOUT COURT FEES

TALES FROM THE APIL CONFERENCE II: THE ONGOING DEBATE ABOUT COURT FEES

May 22, 2017 · by gexall · in Court fees, Relief from sanctions

Whilst at the conference I attended a session on court fees. The defendant in the case of Wiseman -v- Martins PLC  has sought permission to appeal and there remains a degree of uncertainty in relation to these issues. However there…

TALES FROM THE APIL CONFERENCE I: TO AVOID "AGREEMENT" OF COSTS BUDGETS BY DEFAULT READ DIRECTIONS FOR THE CCMC WITH CONSIDERABLE CARE

TALES FROM THE APIL CONFERENCE I: TO AVOID “AGREEMENT” OF COSTS BUDGETS BY DEFAULT READ DIRECTIONS FOR THE CCMC WITH CONSIDERABLE CARE

May 21, 2017 · by gexall · in Applications, Assessment of Costs, Costs, Costs budgeting

I am doing a series of posts on matters arising from the APIL annual conference.  I am not aiming to cover all the issues and matters raised.  People can (and should) read the Presidents speech .   Given the nature of…

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