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….
BEING A LITIGATOR “WHAT I’D TELL A YOUNGER ME”: SUE HARRIS – DIRECTOR AT WALKER MORRIS
For this interview we move to Yorkshire, more specifically to Leeds and the offices of Walker Morris. Sue Harris is one of those energetic people who do a tremendous amount outside their work. A litigator who works in construction and…
WEBINAR ON THE 25th SEPTEMBER 2019: COURT FEES: AVOIDING THE PITFALLS
On the 25th September at 1.pm, I am giving a webinar “Court fees: Avoiding the pitfalls – fees, fee remission, abuse of process and striking out”. The webinar deals with practice and procedure relating to court fees, including failure to…
ADVOCACY THE JUDGE’S VIEW SERIES 4: PART 1: THE DEADLY SINS OF ORAL ADVOCATES: DON’T BE CONFUSING OR BORING (PLUS A RECAP OF THE PREVIOUS SERIES)
After a break of eight months I am starting a new series featuring the guidance the judges give to advocates. Here I am encouraging you to read The deadly sins of oral advocates: Part One, in the Lawyers Weekly. A…
AVOIDING NEGLIGENCE CLAIMS IN LITIGATION 8: SERVICE OF THE CLAIM FORM (2) – SERVICE ON SOLICITORS (OR NOT)
We have looked at the problem of service on solicitors many times, including several cases where claimants have come to grief. Anyone proposing to serve on a solicitor must know the basic rules. In some circumstances it is mandatory to…
PART 8 PROCEDURE USED FOR CLAIM FOR £2.6 MILLION: THE CLAIMANT COMES TO GRIEF – IS ANYONE SURPRISED?
A common practice has occurred of issuing Part 8 proceedings under the MOJ Protocol and “parking” cases there for an extended period. This is an extremely dangerous practice. It is even more dangerous if the case that has been parked…
COURT OF APPEAL ORDER RETRIAL FOLLOWING JUDGE’S FAILURE TO GIVE ADEQUATE REASONS: THE “BUILDING BLOCKS” OF FACT FINDING
Attempts to appeal findings of fact are extremely common, so common that I have stopped writing about them. There is also a common theme – the judge should not have found that, says the appellant: it was a finding open…
WHAT IS THE APPROPRIATE TEST IF SOMEONE APPLIES IN ADVANCE TO EXTEND TIME TO COMPLY WITH A PEREMPTORY ORDER? HIGH COURT DECISION
In Everwarm Ltd v BN Rendering Ltd [2019] EWHC 2078 (TCC) Mr Alexander Nissen QC (sitting as a Deputy High Court Judge) considered the appropriate test to be applied when the court made a peremptory order and an application was…
RELIEF FROM SANCTIONS GRANTED WHEN WITNESS AND EXPERT EVIDENCE SERVED LATE : EXPLAIN DELAY EVEN IF THERE IS NO GOOD REASON FOR IT
In Castle Trustees Ltd -v-Bombay Palace Restaurant Ltd [2017] EWHC 3893 (TCC) Mrs Justice Jefford allowed the defendant’s application for relief from sanctions when the defendant served witness and expert evidence late. This case is interesting for a number of…
NO COSTS ORDER AGAINST SOLICITORS OR COUNSEL WHO WERE ACTING ON A CONDITIONAL FEE BASIS
In Willers v Joyce & Ors [2019] EWHC 2183 (Ch) Lady Justice Rose dismissed an application for costs against solicitors and counsel who had represented an unsuccessful party on a conditional fee basis. “… there is a strong public interest…
SUCCESSFUL APPEAL OF A DECISION NOT TO PROVIDE COURT FEE REMISSION: GUIDANCE ON HOW TO APPEAL REFUSAL TO GRANT REMISSION
I am grateful to solicitor Anthony McCarthy for sending me brief details of a successful appeal against a decision refusing remission of court fees. Anthony states that successful appeals are very rare. ANTHONY’S NOTE ON THE APPEAL Fee was £10k…
NOT GIVING SOURCES OF INFORMATION AND BELIEF WHEN A SOLICITOR FILES A WITNESS STATEMENT: A PROBLEM BREAKING OUT ALL OVER
A post yesterday commented on the dangers of a solicitor (or indeed anyone) making a witness statement without giving the sources of their information and belief. An identical issue arose in the judgment of Deputy Master Linwood in Islestarr Holdings…
AVOIDING NEGLIGENCE CLAIMS IN LITIGATION 7: SERVICE OF THE CLAIM FORM (1) – TIME (SIT UP AND PAY ATTENTION NOW NON-PI LAWYERS)
The previous post in this series have been primarily of interest to personal injury lawyers. Matters relating to service of the claim form relate to virtually all litigators. Indeed the majority of disputed cases in relation to service appear to…
WHEN A SOLICITOR MAKES A WITNESS STATEMENT: STATE THE SOURCE OF INFORMATION AND DON’T GIVE “OPINION” EVIDENCE (IT REALLY DOESN’T GO DOWN WELL)
There are numerous examples on this blog of the difficulties that can occur when a solicitor makes a witness statement on behalf of their clients. The dangers are exemplified in the judgment of Master Marsh in Folgender Holdings Ltd &…
AVOIDING NEGLIGENCE CLAIMS IN LITIGATION 6: MAKE SURE YOUR CLIENT IS NOT BANKRUPT (& KNOW WHAT TO DO IF THEY ARE)
Many litigants don’t tell their lawyers that they are bankrupt. Some firms ask as a matter of course, many do not. Some litigators do not appreciate the impact of personal bankruptcy on a litigant. A CASE TO POINT: A TRIAL,…