AVOIDING NEGLIGENCE CLAIMS IN LITIGATION 11: PROCEDURE: AN EIGHT POINT SURVIVAL GUIDE
Here we have a short eight point guide on some of the key problem areas in relation to procedure once proceedings have been issued. Rule 1: Have everything ready pre-issue and have a plan. Effectively this means that you have,…
FUNDAMENTAL DISHONESTY – THE “SUBSTANTIAL INJUSTICE” ARGUMENT: THREE KEY CASES
Section 57 of the Criminal Justice and Courts Act 2015 introduced the concept of “fundamental dishonesty” and provides penalties when a claimant is found to be fundamentally dishonest. Section 57 (2) provides an exception if the court finds that the…
AVOIDING NEGLIGENCE CLAIMS IN LITIGATION 10: “DEFENSIVE LITIGATION”: PROTECT AND SURVIVE
In the 10th post in this series we consider the concept of “defensive litigation”, that is what positive steps litigators can take to avoid problems occurring. THE LIST: DEFENSIVE LITIGATION This list is based on a talk I gave in…
JOB ADVERT: HAMMERSMITH AND FULHAM LAW CENTRE – OFFICE ADMINISTRATOR
Hammersmith and Fulham Law Centre is looking for an Office Administrator. If you want to work for these really nice people look below. Hammersmith & Fulham Law Centre Salary: £23 – £25,000 per annum plus pension Working hours: 35 per…
LAWYERS AND HOLIDAYS 2 – ADVICE FROM ALL OVER THE WORLD : GOOD READING FOR UNICORNS
Following on from the post yesterday where lawyers gave advice on avoiding stress on work when going on and coming back from holiday it is worthwhile looking at the general guidance that is available. “Lawyers have holidays without stress?…
LAWYERS – GOING ON HOLIDAY AND AVOIDING EXTRA STRESS: ADVICE FROM TWITTER
Since we are in the middle of the holiday season I have noticed how some people are reporting that going on, and coming back, from holidays is a stressful experience. I asked the lawyers (and others) on Twitter to give…
JOB VACANCY : HEAD OF LEGAL PRACTICE AT ANTI TRAFFICKING AND LABOUR EXPLOITATION UNIT
ATLEU job vacancy – Head of Legal Practice Hours: 35 per week (flexible and part-time working considered) Salary: circa £36,000 plus 5% employer pension contribution Leave: …
DE MINIMIS BREACH OF RULES DID NOT LEAD TO PART 36 OFFER BEING INVALID
In Momonakaya v the Ministry of Defence [2019] EWHC 480 (QB) HHJ Blair QC considered whether a claimant had properly accepted a Part 36 offer. It was held that an offer that breached the rules in a de minimis way was…
WHEN THE COURT LOSES IMPORTANT DOCUMENTS: ANOTHER EXAMPLE OF ADMINISTRATIVE PROBLEMS IN THE COURTS: “CIVIL JUSTICE: 2019 STYLE”
I am grateful to solicitor Aaron Pearson for giving me permission to post some comments he put on LinkedIn earlier today. It is small issue, but is an example of the administrative errors that occur daily within the court system,…
AN OFFER TO SETTLE FOR NO DAMAGES CAN STILL BE A VALID PART 36 OFFER: APPEAL AGAINST NO ORDER FOR COSTS ALLOWED (IN PART)
In MR v Commissioner of Police for the Metropolis [2019] EWHC 1970 (QB) Mrs Justice McGowan allowed an appeal as to costs in a issue relating to Part 36. She held that the trial judge had erred in making no…
THE EXPERT AS ADVOCATE AND PROVIDING “CRITICAL COMMENTARY”: IMPORTANT POINTS ON THE ROLE OF THE EXPERT WITNESS TO TAKE AWAY
There are some interesting comments on experts in the judgment of Matthew Gullick (sitting as a High Court Judge) in Pepe’s Piri Piri Ltd & Anor v Junaid & Ors [2019] EWHC 2097. “It is not part of the duty…
THE COURT CAN ORDER PARTIES TO TAKE PART IN AN EARLY NEUTRAL EVALUATION: COURT OF APPEAL DECISION
I am grateful to barrister Christopher Buckingham for pointing out that the Court of Appeal decision in Lomax v Lomax [2019] EWCA Civ 1467 is now on BAILLI. The Court of Appeal held that the consent of both parties was…
CIVIL PROCEDURE BACK TO BASICS 59: WHEN A CLIENT DISOWNS THEIR OWN WITNESS STATEMENT? SELF PROTECTION FOR THE LAWYER
There has been much discussion on Twitter tonight in relation to the language used in witness statements. That led to this account being given by “Sweary Expat” a lawyer based in the Cayman Islands (some people clearly have to suffer…
BOTH SIDES LATE WITH WITNESS EVIDENCE: BOTH SIDES REFUSED RELIEF FROM SANCTIONS: DEUCE IN A JUICE CASE
There are many interesting aspects of the judgment in Goknur Gida Maddeleri Enerji Imalat Ithalat Ihracat Ticaret VE Sanati A.S (Goknur) v Organic Village Ltd [2019] EWHC 2201 (QB), not least that both sides were in default in relation to…
AN “EMBARRASSING” EXPERT WHO USED AN EXPLETIVE WHILST GIVING EVIDENCE: GUESS WHERE THIS CASE IS GOING?
The judgment of Mr Justice Martin Spencer in Arksey v Cambridge University Hospitals NHS Foundation Trust [2019] EWHC 1276 (QB) is interesting on the subject of causation and medical negligence. However the claimant’s problems came largely from reliance on an…
CIVIL PROCEDURE BACK TO BASICS 58: HOW TO CALCULATE TIME IN THE CIVIL PROCEDURE RULES
The previous post on the errors made in relation to calculation of time highlight the need for practitioners to be aware of the precise rules in relation to calculation of time. In this respect this may be the easiest post…
WHY IT IS IMPORTANT LITIGATORS KNOW HOW TO COMPUTE TIME PROPERLY: 7 DAYS MEANS 7 DAYS: APPLICATION TWO DAYS LATE: CLAIMANT COMES TO GRIEF
In Evans v Pinsent Masons LLP [2019] EWHC 2150 (QB) Mr Justice Martin Spencer overturned a decision granting relief from sanctions. A major issue arose out of confusion by the claimant’s solicitors over the calculation of the time period. This…
“YOURS IS BIGGER THAN MINE”: COMPARISON OF COSTS NOT ALWAYS APPROPRIATE
In Monex Europe Ltd v Pothecary & Anor [2019] EWHC 2204 (QB) Clive Sheldon QC (sitting as a Deputy High Court Judge) did not accept an argument that the fact that defendants’ costs were much higher than the claimant’s figures…
AVOIDING NEGLIGENCE CLAIMS IN LITIGATION 9: SERVICE OF THE CLAIM FORM (3): SERVICE AT THE LAST KNOWN ADDRESS
Staying with issues relating to service of the claim form we are looking at another common source of error – service at the “last known address”. The key point here is that a claimant cannot simply serve at the “last…
JOB VACANCY: HAMMERSMITH & FULHAM LAW CENTRE: CHILD POVERTY UNIT
There is a job vacancy and Hammersmith and Fulham Law Centre – a solicitor is needed. DETAILS “Salary: £36,000 per annum Working hours: 35 per week (flexible and job-share considered) We require a solicitor for our Child Poverty Unit….