Civil Litigation Brief
Menu
  • Home
  • About
  • Copyright
  • Advertising Policy
  • Legal Disclaimer
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 » August
THROWING EVERYTHING IN AT TRIAL- INCLUDING THE KITCHEN CABINET: YOU HAVE TO PUT YOUR CASE (AND PLEAD IT)

THROWING EVERYTHING IN AT TRIAL- INCLUDING THE KITCHEN CABINET: YOU HAVE TO PUT YOUR CASE (AND PLEAD IT)

August 28, 2017 · by gexall · in Case Management, Civil evidence, Statements of Case, Witness statements

There are some important observations in the judgment of Mr Justice Henry Carr in Neptune (Europe) Ltd v Devol Kitchens Ltd [2017] EWHC 2172 (Pat) about the need to plead and put a case at trial.  An attempt to introduce a…

EXPERT WITNESS GIVEN "NO WEIGHT AT ALL": FAILURE TO DISCLOSE A CONFLICT OF INTEREST

EXPERT WITNESS GIVEN “NO WEIGHT AT ALL”: FAILURE TO DISCLOSE A CONFLICT OF INTEREST

August 24, 2017 · by gexall · in Civil evidence, Expert evidence, Experts

There are some interesting passages in the judgment of David Stone (sitting as a Deputy High Court Judge) in Technomed Ltd & Anor v Bluecrest Health Screening Ltd & Anor [2017] EWHC 2142 (Ch). Here we look at the judgment…

"ROBUST" BUT NOT GRATUITOUSLY OFFENSIVE:" SRA GUIDANCE ON COMMUNICATIONS WITH OTHER FIRMS AND LITIGANTS IN PERSON: THE FUTILITY OF RUDENESS

“ROBUST” BUT NOT GRATUITOUSLY OFFENSIVE:” SRA GUIDANCE ON COMMUNICATIONS WITH OTHER FIRMS AND LITIGANTS IN PERSON: THE FUTILITY OF RUDENESS

August 24, 2017 · by gexall · in Conduct

The Solicitors Regulatory Authority has issued guidance today on “Offensive communications”   It gives me a chance to recap on earlier posts about the futility of rudeness. “Your role is to act in the client’s best interests; antagonising the other side…

SOMETIMES YOU DON'T HAVE TO  SIGN STATEMENTS OF CASE WITH A STATEMENT OF TRUTH: HIGH COURT DECISION ON AMENDING PARTICULARS OF CLAIM

SOMETIMES YOU DON’T HAVE TO SIGN STATEMENTS OF CASE WITH A STATEMENT OF TRUTH: HIGH COURT DECISION ON AMENDING PARTICULARS OF CLAIM

August 23, 2017 · by gexall · in Applications, Civil evidence, Statements of Case, Statements of Truth

The case of Kimathi v Foreign and Commonwealth Office [2017] EWHC 2145 (QB) promises to be a legal epic. As I understand it the trial is not even half way through. It was opened in April 2017.  It is unlikely…

CLINICAL NEGLIGENCE AND INSURANCE COSTS:  POLICY OF £10,000 WAS BOTH REASONABLE AND PROPORTIONAL: HIGH COURT DECISION

CLINICAL NEGLIGENCE AND INSURANCE COSTS: POLICY OF £10,000 WAS BOTH REASONABLE AND PROPORTIONAL: HIGH COURT DECISION

August 23, 2017 · by gexall · in Assessment of Costs, Clinical Negligence, Costs, Insurance, Insurance premiums

In Mitchell v Gilling-Smith [2017] EWHC B18 (Costs) Master Leonard held that a £10,000 premium incurred in a clinical negligence case was reasonable and proportional.  It also highlights the importance of a paying party bringing actual evidence to court if they…

PROVING THINGS 66: IT ALL COMES DOWN TO THE CREDIBILITY OF WITNESSES: WHERE THERE'S A WILL THERE'S A WAY

PROVING THINGS 66: IT ALL COMES DOWN TO THE CREDIBILITY OF WITNESSES: WHERE THERE’S A WILL THERE’S A WAY

August 22, 2017 · by gexall · in Civil evidence, Witness statements

This blog regularly looks at cases in which trial judges assess the credibility of witnesses. Here I want to look at the careful analysis of witness evidence by HHJ Paul Matthews (sitting as a High Court judge)  in Legg & Anor…

WITNESS STATEMENTS "INADMISSIBLE":  CONTAINED "SUBJECTIVE INTENTION", "OPINION" AND "LEGAL ARGUMENT":  ANOTHER EXAMPLE

WITNESS STATEMENTS “INADMISSIBLE”: CONTAINED “SUBJECTIVE INTENTION”, “OPINION” AND “LEGAL ARGUMENT”: ANOTHER EXAMPLE

August 22, 2017 · by gexall · in Civil evidence, Witness statements

A brief passage under the judgment of Mr Justice Arnold in Takeda Pharmaceutical Company Ltd v Fougera Sweden Holding 2 AB [2017] EWHC 1995 (Ch) serves to show how much “witness evidence” served by a litigant can, in fact, be inadmissible….

IS THE BUDGET DEFINITIVE ON ASSESSMENT? MORE CATS, MORE PIGEONS: THERE ARE NOW TWO TRAINS OF THOUGHT ON THE HOURLY RATE

IS THE BUDGET DEFINITIVE ON ASSESSMENT? MORE CATS, MORE PIGEONS: THERE ARE NOW TWO TRAINS OF THOUGHT ON THE HOURLY RATE

August 21, 2017 · by gexall · in Assessment of Costs, Costs, Costs budgeting, Useful links

Earlier this month I blogged on the decision in RNB v London Borough of Newham [2017] EWHC B15 (Costs). Deputy Master Campbell decided that the hourly rate could be challenged at the assessment stage even if  the total of a particular…

WITNESS EVIDENCE: THE DANGERS OF OPINION EVIDENCE  AND TRYING TO USURP THE ROLE OF THE JUDGE : BACK TO MARSH -v- MINISTRY OF DEFENCE

WITNESS EVIDENCE: THE DANGERS OF OPINION EVIDENCE AND TRYING TO USURP THE ROLE OF THE JUDGE : BACK TO MARSH -v- MINISTRY OF DEFENCE

August 20, 2017 · by gexall · in Civil evidence, Witness statements

Anyone considering matters relating to witness evidence and the drafting of statements will be drawn like a moth to the fire to the decision of Lady Justice Thirwall in Marsh -v- Ministry of Justice [2017] EWHC 1040. Once again I am returning…

THE DUTY TO PUT YOUR CASE : FINDINGS MADE ON KEY POINTS  WHICH WERE NOT PUT TO THE WITNESS  OVERTURNED ON APPEAL

THE DUTY TO PUT YOUR CASE : FINDINGS MADE ON KEY POINTS WHICH WERE NOT PUT TO THE WITNESS OVERTURNED ON APPEAL

August 18, 2017 · by gexall · in Civil evidence, Civil Procedure, Witness statements

In Chen v Ng (British Virgin Islands) [2017] UKPC 27  the Judicial Committee of the Privy Council considered the extent of the duty to put a case to a witness. It is a reminder of the importance of putting a case…

DEFENDANT DEBARRED FROM CALLING WITNESS EVIDENCE AT TRIAL: COURT OF APPEAL OVERTURNS FINDING FOR DEFENDANT

August 17, 2017 · by gexall · in Appeals, Civil evidence, Relief from sanctions, Witness statements

The case of Durrant -v- Chief Constable of Avon & Somerset Constabulary is a long-running saga. We have looked at it twice before. The incident occurred in 2009.  In 2013 the Court of Appeal overturned a judge’s decision to grant…

ANOTHER SERVICE CASE: AVOIDING THE PROCESS SERVER CAN LEAD TO AN ORDER THAT ALTERNATIVE METHOD IS GOOD SERVICE

ANOTHER SERVICE CASE: AVOIDING THE PROCESS SERVER CAN LEAD TO AN ORDER THAT ALTERNATIVE METHOD IS GOOD SERVICE

August 16, 2017 · by gexall · in Service of the claim form, Serving documents

I resolved not to write about service of the claim form cases for a while. However the cases keep coming through. CPR 6.15(2) allows the court to order that steps already taken to bring the claim form to attention of…

WRITING TO THE COURT UNILATERALLY (AGAIN) -  PROCEDURAL FAIRNESS AND WHY JUDGES NEED THE PATIENCE OF A SAINT

WRITING TO THE COURT UNILATERALLY (AGAIN) – PROCEDURAL FAIRNESS AND WHY JUDGES NEED THE PATIENCE OF A SAINT

August 16, 2017 · by gexall · in Access to justice, Civil evidence, Civil Procedure

I have no plans to expand this blog to cover issues relating to procedure in Employment Tribunals.  However there are certain passages of the judgment  of Mr Justice Kerr in Jones v The Secretary of State for Business Innovation &…

ANOTHER LATE COSTS BUDGET: RELIEF FROM SANCTIONS GRANTED TO ERRANT DEFENDANTS WHO SERVED BUDGET 10 DAYS LATE

ANOTHER LATE COSTS BUDGET: RELIEF FROM SANCTIONS GRANTED TO ERRANT DEFENDANTS WHO SERVED BUDGET 10 DAYS LATE

August 15, 2017 · by gexall · in Case Management, Civil Procedure, Costs budgeting, Relief from sanctions

In Mott & Anor v Long & Anor [2017] EWHC 2130 (TCC) His Honour Judge Grant (sitting as a judge of the High Court) considered a relief from sanctions application in relation to  defendants who had served a costs budget ten…

SERVICE ON A NOMINATED SOLICITOR: BE CLEAR WHO YOU REPRESENT: "A THOROUGHLY TECHNICAL POINT", UNATTRACTIVE, MISCONCEIVED AND "REFLECTS NO CREDIT ON THE INSURERS OR THEIR ADVISERS"

SERVICE ON A NOMINATED SOLICITOR: BE CLEAR WHO YOU REPRESENT: “A THOROUGHLY TECHNICAL POINT”, UNATTRACTIVE, MISCONCEIVED AND “REFLECTS NO CREDIT ON THE INSURERS OR THEIR ADVISERS”

August 15, 2017 · by gexall · in Appeals, Service of the claim form, Serving documents

Earlier this week Master McCloud commented upon “a dry and unlovely crop of procedural service issues” in the Masters’ Corridor.   These issues may well follow the Masters around.  Master Davison sits as a Recorder. In that capacity he decided an…

COPYING THE OTHER SIDE INTO CORRESPONDENCE WITH THE COURT: A RECAP AND REVIEW OF THE EARLIER CASE MENTIONED

COPYING THE OTHER SIDE INTO CORRESPONDENCE WITH THE COURT: A RECAP AND REVIEW OF THE EARLIER CASE MENTIONED

August 15, 2017 · by gexall · in Appeals, Applications, Civil Procedure, Conduct

I am writing, again, about the the judgment of Mr Justice Kerr in Topping v Ralph Tristees Ltd [2017] EWHC 1954 (QB). The point the case makes about the correct route of appeal has been commented on, however I had not anticipated…

DESTINATION OF APPEALS FROM A DISTRICT JUDGE ALLOCATED A CIRCUIT JUDGE'S WORK: IMPORTANT WORDS ON COMMUNICATING WITH THE COURT

DESTINATION OF APPEALS FROM A DISTRICT JUDGE ALLOCATED A CIRCUIT JUDGE’S WORK: IMPORTANT WORDS ON COMMUNICATING WITH THE COURT

August 15, 2017 · by gexall · in Appeals, Applications, Conduct

The judgment of Mr Justice Kerr in Topping v Ralph Tristees Ltd [2017] EWHC 1954 (QB) is of considerable importance in relation to the correct route for appeals. It was held that the correct route of appeal from a district…

PROVING THINGS 65: : ASSUMPTIONS ARE NOT EVIDENCE: (IF THE COURT OF APPEAL HAVE TO ASK FOR THE MATTER TO BE MADE SIMPLE YOU ARE IN SERIOUS TROUBLE)

PROVING THINGS 65: : ASSUMPTIONS ARE NOT EVIDENCE: (IF THE COURT OF APPEAL HAVE TO ASK FOR THE MATTER TO BE MADE SIMPLE YOU ARE IN SERIOUS TROUBLE)

August 13, 2017 · by gexall · in Civil evidence, Civil Procedure, Damages, Expert evidence

The case of Ted Baker Plc & Anor v Axa Insurance UK Plc & Ors [2017] EWCA Civ 4097 could serve as a parable of modern litigation. The claimant won the first trial on this matter, establishing the defendant insurers were…

STOPPING PROBLEMS WITH  SERVICE OF THE CLAIM FORM SPRINGING UP: 10 KEY POINTS

STOPPING PROBLEMS WITH SERVICE OF THE CLAIM FORM SPRINGING UP: 10 KEY POINTS

August 12, 2017 · by gexall · in Avoiding negligence claims, Civil Procedure, Service of the claim form, Serving documents

In Caretech Community Services Ltd v Oakden & Ors [2017] EWHC 1944 (QB) Master McCloud described how the Masters’ Corridor is plagued by “a dry and unlovely crop of procedural service issues. Despite efforts by numerous courts at all levels to prevent their…

ARRANGEMENTS FOR VULNERABLE WITNESSES: HURDLES IN THE WAY OF SENSIBLE ARRANGEMENTS

ARRANGEMENTS FOR VULNERABLE WITNESSES: HURDLES IN THE WAY OF SENSIBLE ARRANGEMENTS

August 12, 2017 · by gexall · in Access to justice, Case Management

The very title of the case Ajayi v Abu & Anor (labour exploitation : human trafficking : modern slavery) [2017] EWHC 1946 (QB) gives a clue that this is going to be an important and difficult issue.  The judgment, however, highlights…

1 2 Next →

Copyright

© Gordon Exall, Civil Litigation Brief, 2013-2023. Unauthorised use and or duplication of the material contained on this blog without permission from this blog's author is strictly prohibited. Excerpts and links may be used, provided that full and clear credit is given to Gordon Exall and Civil Litigation Brief with appropriate and specific direction to the original content.

Subscribe to Blog via Email

Enter your email address to subscribe to this blog and receive notifications of new posts by email.

Join 31,040 other subscribers

Recent Posts

  • FUNDAMENTAL DISHONESTY FOUND WHEN AN INVOICE WAS DOCTORED: NOT EVERYTHING CAN BE SAID WITH FLOWERS
  • ITS OFFICIAL – THE BEST COSTS ADVICE YOU CAN GIVE TO A YOUNG LAWYER: READ IT HERE: CONTEST WINNER
  • DELAY BY THE CLAIMANT WAS NOT “WAREHOUSING” AND DID NOT LEAD TO A STRIKE OUT: A PARTY ALLEGING DELAY WAS ABUSE MUST ACT PROMPTLY
  • UNDERSTANDING THE LAW RELATING TO FATAL ACCIDENTS: WEBINAR 8th FEBRUARY 2023
  • CLAIMANT FAILS IN AN APPLICATION FOR WASTED COSTS AGAINST HIS OWN LAWYERS: HOWEVER THERE IS AN IMPORTANT LESSON HERE

Top Posts & Pages

  • ITS OFFICIAL - THE BEST COSTS ADVICE YOU CAN GIVE TO A YOUNG LAWYER: READ IT HERE: CONTEST WINNER
  • FUNDAMENTAL DISHONESTY FOUND WHEN AN INVOICE WAS DOCTORED: NOT EVERYTHING CAN BE SAID WITH FLOWERS
  • DELAY BY THE CLAIMANT WAS NOT "WAREHOUSING" AND DID NOT LEAD TO A STRIKE OUT: A PARTY ALLEGING DELAY WAS ABUSE MUST ACT PROMPTLY
  • CLAIMANT FAILS IN AN APPLICATION FOR WASTED COSTS AGAINST HIS OWN LAWYERS: HOWEVER THERE IS AN IMPORTANT LESSON HERE
  • NO DUTY ON A PARTY TO INFORM AN OPPOSING PARTY THEY ARE MAKING AN ERROR: THE APPEAL JUDGMENT IN PHOENIX IN FULL:

Blogroll

  • Coronavirus: Guidance for lawyers and businesses
  • Fatal Accident Law
  • Personal injury: Liability and Damages

Books

  • Munkman & Exall on Damages for Personal Injuries and Death 14th ed
  • The APIL Guide to Fatal Accidents 4th edition

Useful Links

  • Kings Chambers
  • Kings Chambers Costs & Litigation Funding
  • Kings Chambers Serious Injury
  • The Civil Procedure Rules
  • Website of 4 – 5 Gray's Inn Square
  • Website of 4-5 Gray's Inn Square, Catastrophic Injury Group
  • www.Bailii.org

Archives

Privacy & Cookies: This site uses cookies. By continuing to use this website, you agree to their use.
To find out more, including how to control cookies, see here: Cookie Policy

Copyright © 2023 Civil Litigation Brief

Powered by WordPress and Origin