THE TRIAL JUDGE SHOULD HAVE FOUND THAT THE CLAIMANT WAS FUNDAMENTALLY DISHONEST: INADEQUATE DISCLOSURE LEADS TO QOCS BEING DISAPPLIED

THE TRIAL JUDGE SHOULD HAVE FOUND THAT THE CLAIMANT WAS FUNDAMENTALLY DISHONEST: INADEQUATE DISCLOSURE LEADS TO QOCS BEING DISAPPLIED

October 16, 2019 · by · in Appeals, Civil evidence, Civil Procedure, Disclosure, Fundamental Dishonesty, Members Content, Witness statements

In Haider v DSM Demolition Ltd [2019] EWHC 2712 (QB) Mr Justice Julian Knowles refused a claimant’s appeal against a finding that the defendant was not negligent. He granted the defendant relief from sanctions and allowed an appeal against a…

REFUSAL TO GRANT RELIEF FROM SANCTIONS OVERTURNED ON APPEAL: "THE SANCTION WAS WHOLLY DISPROPORTIONATE AND IT WAS WRONG NOT TO GRANT RELIEF"

REFUSAL TO GRANT RELIEF FROM SANCTIONS OVERTURNED ON APPEAL: “THE SANCTION WAS WHOLLY DISPROPORTIONATE AND IT WAS WRONG NOT TO GRANT RELIEF”

October 16, 2019 · by · in Appeals, Applications, Civil evidence, Civil Procedure, Members Content, Relief from sanctions

In Michael v Lillitos [2019] EWHC 2716 (QB) Mrs Justice Steyn overturned a decision refusing relief from sanctions.  The Appellant had made payments by cheque rather than by bank transfer.   It is also an important example of the pitfalls caused…

STAYING SANE AS A LITIGATOR 1: "OWN YOUR MISTAKES"

STAYING SANE AS A LITIGATOR 1: “OWN YOUR MISTAKES”

October 16, 2019 · by · in Avoiding negligence claims, Conduct, Members Content

Today I am speaking at the Motor Accidents Solicitors Society annual conference on the topic of “Avoiding a Breakdown – Helping Your Clients by Helping Yourself”.  I thought this would be a good day to start a new series on…