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 » 2020

PROVING THINGS 194: PROVING CAUSATION IS AN ESSENTIAL ELEMENT OF A CLAIM IN NEGLIGENCE

December 31, 2020 · by gexall · in Appeals, Civil evidence, Personal Injury, Statements of Case

The judgment of Mrs Justice Foster in Norfolk County Council v Durrant [2020] EWHC 3590 (QB) illustrates how it is essential for a claimant to prove causation in a case based on negligence.  It also highlights the need to consider,…

REVIEW OF CIVIL PROCEDURE IN 2020 III : SOME FACTS AND FIGURES: POPULAR BLOG POSTS, VISITOR NUMBERS AND SEARCH TERMS

REVIEW OF CIVIL PROCEDURE IN 2020 III : SOME FACTS AND FIGURES: POPULAR BLOG POSTS, VISITOR NUMBERS AND SEARCH TERMS

December 30, 2020 · by gexall · in Appeals, Avoiding negligence claims, Civil evidence, Civil Procedure, Costs, Relief from sanctions, Witness statements

Needless to say this has been an unusual year for litigators.   It is always interesting to review what have been the most popular posts on this blog and look at some facts and figures.  Can we tell anything about the…

REVIEW OF CIVIL PROCEDURE IN 2020 2: BEST WRITING ON CIVIL PROCEDURE DURING THE YEAR: TWO WISE KINGS

REVIEW OF CIVIL PROCEDURE IN 2020 2: BEST WRITING ON CIVIL PROCEDURE DURING THE YEAR: TWO WISE KINGS

December 24, 2020 · by gexall · in Charity, Civil Procedure, Remote hearings

This year saw a explosion of legal writing as everyone had to get to grips with the procedural mayhem that resulted in lockdown.  This is an appropriate time to pay tribute to all those who wrote. Some  of the best…

CIVIL LITIGATION BRIEF: LAWYERS OF THE YEAR 2020: JOHN COLLINS & MICHAEL WILLIAMSON

CIVIL LITIGATION BRIEF: LAWYERS OF THE YEAR 2020: JOHN COLLINS & MICHAEL WILLIAMSON

December 23, 2020 · by gexall · in Civil Procedure

My lawyers of the year for 2020 both embodied everything that is good about the legal profession.  Both cared about the law; both wrote about the law and were involved in informing and educating others ; both performed the, extremely…

SERVICE OF DEFENCE BY EMAIL NOT GOOD SERVICE: RELIEF FROM SANCTIONS REQUIRED TO SET ASIDE JUDGMENT (AND GRANTED)

SERVICE OF DEFENCE BY EMAIL NOT GOOD SERVICE: RELIEF FROM SANCTIONS REQUIRED TO SET ASIDE JUDGMENT (AND GRANTED)

December 23, 2020 · by gexall · in Applications, Civil Procedure, Default judgment,, Peremptory orders, Relief from sanctions, Sanctions, Setting aside judgment

The judgment of Mr Justice Calver in Ipsum Capital Ltd v Lyall & Ors [2020] EWHC 3508 (Comm) shows the dangers of serving documents by email. The judge held that service of a defence by email was not good service…

NO INTEREST ON COSTS OF LOAN IN A PERSONAL INJURY CASE: THERE IS A POWER BUT THE COURT DID NOT EXERCISE ITS DISCRETION

NO INTEREST ON COSTS OF LOAN IN A PERSONAL INJURY CASE: THERE IS A POWER BUT THE COURT DID NOT EXERCISE ITS DISCRETION

December 22, 2020 · by gexall · in Assessment of Costs, Costs, Interest

I am grateful to Paul Wainwright for sending me a copy of the judgment of District Judge Baldwin in Godfrey -v- Automotive Products Limited (17th December 2020). This decision, by the regional costs judge, considers whether a claimant in a…

REVIEW OF  CIVIL PROCEDURE IN 2020 1: THE OPENING LINES OF JUDGMENTS: DUNNYS, UNICORNS, A REQUIEM, BUTT SHAKING AND INSECTS: HOW BEST TO SUM UP AN UNUSUAL YEAR

REVIEW OF CIVIL PROCEDURE IN 2020 1: THE OPENING LINES OF JUDGMENTS: DUNNYS, UNICORNS, A REQUIEM, BUTT SHAKING AND INSECTS: HOW BEST TO SUM UP AN UNUSUAL YEAR

December 22, 2020 · by gexall · in Civil Procedure, Contest, Charity,

This year has been a boom year for the “opening lines of a judgment” contest.  The search has gone international and these opening lines tell us much about the legal world, and life, in 2020.  There are so many good…

WHEN A LITIGANT HAS "FAILED IN ITS DUTY AT EVERY POINT": COUNCIL FOUND AT FAULT AND IN DEFAULT

WHEN A LITIGANT HAS “FAILED IN ITS DUTY AT EVERY POINT”: COUNCIL FOUND AT FAULT AND IN DEFAULT

December 22, 2020 · by gexall · in Civil evidence, Civil Procedure, Conduct

In Nur & Anor, R (On the Application Of) v Birmingham City Council [2020] EWHC 3526 (Admin)  Mr David Lock QC (sitting as a Deputy High Court Judge) commented on the failure of the defendant council to comply with the…

WINNER OF THE 2020 LEGAL CHRISTMAS MUSIC CONTEST 2020: LIVE ON YOUTUBE

WINNER OF THE 2020 LEGAL CHRISTMAS MUSIC CONTEST 2020: LIVE ON YOUTUBE

December 21, 2020 · by gexall · in Contest, Charity,

With more than a little help from my friends the winning entry of the 2020 Legal Christmas Music Contest has been recorded and is available for everyone to see and hear (and join in) on YouTube. THE WINNER The song…

JOINT LIABILITY OF DEFENDANTS TO PAY COSTS: TRYING TO MAKE A SIMPLE THING MORE COMPLICATED: THE IMPORTANCE OF OBTAINING AFTER THE EVENT INSURANCE FOR EVERY PARTY TO AN ACTION

JOINT LIABILITY OF DEFENDANTS TO PAY COSTS: TRYING TO MAKE A SIMPLE THING MORE COMPLICATED: THE IMPORTANCE OF OBTAINING AFTER THE EVENT INSURANCE FOR EVERY PARTY TO AN ACTION

December 21, 2020 · by gexall · in Applications, Avoiding negligence claims, Costs

The judgment of  HHJ Keyser QC in Arag Plc v Jones & Anor [2020] EWHC 3484 (Comm) is, on the face of it, a technical issue about the right of an insurer to claim a contribution.  The key issue here,…

CITIZENS ADVICE ARE LOOKING FOR CONSULTANT EXPERTS IN HOUSING: HELP MAKE A DIFFERENCE

CITIZENS ADVICE ARE LOOKING FOR CONSULTANT EXPERTS IN HOUSING: HELP MAKE A DIFFERENCE

December 21, 2020 · by gexall · in Access to justice, Job Advert

 Citizens Advice offers confidential advice online, over the phone, and in person, for free. Through our national network of charities, we give people the knowledge and the confidence they need to find their way forward – whoever they are, and…

STRAIGHTFORWARD LANGUAGE IS BEST: MISSIVE FROM THE BENCH: LAYWYERS MAY HAVE IMPROVED OVER TIME - OTHERS HAVE NOT

STRAIGHTFORWARD LANGUAGE IS BEST: MISSIVE FROM THE BENCH: LAYWYERS MAY HAVE IMPROVED OVER TIME – OTHERS HAVE NOT

December 20, 2020 · by gexall · in Civil Procedure

In Secretary of State for Business Energy And Industrial Strategy v Evans & Anor [2020] EWHC 3519 (Ch) (18 December 2020) Deputy Insolvency and Companies Court Judge Baister had something to say about the absence of plain language in the…

AMENDING YOUR CASE AND PAYING THE COSTS: JUDGE ORDERS CLAIMANT TO PAY £100,000 ON ACCOUNT OF COSTS

AMENDING YOUR CASE AND PAYING THE COSTS: JUDGE ORDERS CLAIMANT TO PAY £100,000 ON ACCOUNT OF COSTS

December 18, 2020 · by gexall · in Amendment, Costs, Interim Payments

The judgment of Mr Justice Pepperall in R.G. Carter Projects Ltd v CUA Property Ltd [2020] EWHC 3417 (TCC) is interesting for a number of reasons.  Firstly it encapsulates the principle that a party amending their pleadings must normally pay…

COSTS LAWYERS BEWARE: COURT REFUSES TO SET ASIDE DEFAULT COSTS CERTIFICATE: "AVOIDABLE DELAY" IS NOT LOOKED AT KINDLY

COSTS LAWYERS BEWARE: COURT REFUSES TO SET ASIDE DEFAULT COSTS CERTIFICATE: “AVOIDABLE DELAY” IS NOT LOOKED AT KINDLY

December 17, 2020 · by gexall · in Applications, Assessment of Costs, Avoiding negligence claims, Civil Procedure, Costs, Extensions of time, Relief from sanctions

In  Masten v London Britannia Hotel Ltd [2020] EWHC B31 (Costs) Mr Leonard refused to set aside a default costs certificate.  This serves as a salutary warning of the importance of time limits.  Further the Master observed that if a…

DIVIDING FACTS FROM COMMENTS AND SUBMISSIONS: WHY IT MATTERS AND HOW IT CAN HELP YOUR CASE

December 17, 2020 · by gexall · in Applications, Civil Procedure, Clinical Negligence, Witness statements, Written advocacy

The judgment is Scottow -v- Crown Prosecution Service [2020] EWHC 3421 (Admin) is of interest for many reasons. This, however, is a blog about procedure.   It  is worthwhile looking at the comments that the Divisional Court made about the way…

THE COURT FINDS IT DOES NOT HAVE JURISDICTION TO ORDER A TRANSFER FROM PART 8 TO PART 7

THE COURT FINDS IT DOES NOT HAVE JURISDICTION TO ORDER A TRANSFER FROM PART 8 TO PART 7

December 16, 2020 · by gexall · in Applications, Civil Procedure

This is a note about a hearing I was involved in today (16th December 2020). A decision by Deputy Master Yoxall.  For various reasons I cannot name the parties, however I have my Instructing Solicitors’ permission to set out the…

PROVING THINGS 193: THE POSSIBILITY OF THE DECEASED PERSON HAVING INCREASED EARNINGS AND “LOSS OF CHANCE” CONSIDERED IN A FATAL CASE

December 16, 2020 · by gexall · in Civil evidence, Damages, Fatal Accidents

In many ways the judgment  Young v Downey [2020] EWHC 3457 (QB) is an extraordinary case, involving a terrorist killing taking place in 1982. On the other hand it shows a principle of general application in the assessment of fatal…

MISTAKES IN THE TERMS OF AN ORDER, DENTON AND THE SLIP RULE: AN UNFORTUNATE ERROR LEADS TO A LOT OF LITIGATION

MISTAKES IN THE TERMS OF AN ORDER, DENTON AND THE SLIP RULE: AN UNFORTUNATE ERROR LEADS TO A LOT OF LITIGATION

December 16, 2020 · by gexall · in Appeals, Applications, Avoiding negligence claims, Extensions of time, Relief from sanctions

In IC v RC [2020] EWHC 2997 (Fam) Mrs Justice Knowles had to consider the Denton criteria and the slip rule.  It also serves as an important warning to anyone undertaking the task of drafting a court order.   “I…

EXPERTS NOT REALLY NECESSARY WHEN A JUDGE LOOKS AT BALLET SHOES: EVIDENCE SHOULD HAVE BEEN MORE EN POINTE

EXPERTS NOT REALLY NECESSARY WHEN A JUDGE LOOKS AT BALLET SHOES: EVIDENCE SHOULD HAVE BEEN MORE EN POINTE

December 16, 2020 · by gexall · in Case Management, Civil evidence, Expert evidence, Experts

Instructing experts in circumstances where they are not necessary, or their evidence is not admissible, is a common theme in litigation.  This issue was considered by Mr David Stone (sitting as a Deputy High Court Judge) in Rothy’s Inc v…

THE IMPORTANCE OF EMBARGOED JUDGMENTS: A REMINDER OF THE COURT OF APPEAL'S JUDGMENT IN O'CONNELL

THE IMPORTANCE OF EMBARGOED JUDGMENTS: A REMINDER OF THE COURT OF APPEAL’S JUDGMENT IN O’CONNELL

December 15, 2020 · by gexall · in Appeals, Civil Procedure, Conduct

Draft judgments are often sent to parties in advance, but sent out on an “embargoed” basis – not to be disclosed until after the date they are formally handed down.  Recent comments on Twitter leads me to think that this…

1 2 … 39 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 31,358 other subscribers

Recent Posts

  • CROWING OVER COSTS IS NOT A GOOD LOOK FOR A LITIGANT: A REMINDER OF THE IMPORTANCE OF SOCIAL MEDIA
  • THE ABSENCE OF A REPLY TO A DEFENCE DOES NOT MEAN THAT IT COULD BE ASSUMED THAT THE ACCOUNT IN THE DEFENCE WAS ACCEPTED
  • PROVING THINGS 250: FAILING TO PROVE IMPECUNIOSITY: A BARE ASSERTION IS NOT ADEQUATE
  • PROVING THINGS 249: APPELLANT FAILS TO PROVE LACK OF CAPACITY: SHORTFALLS WITH THE EXPERT EVIDENCE
  • COSTS BITES 73: IN A WASTED COSTS APPLICATION THE APPLICANTS FAILED TO GET PAST THE FIRST STAGE

Top Posts & Pages

  • CROWING OVER COSTS IS NOT A GOOD LOOK FOR A LITIGANT: A REMINDER OF THE IMPORTANCE OF SOCIAL MEDIA
  • "WHAT'S THE DIFFERENCE BETWEEN A WITNESS STATEMENT AND SUBSTANTIVE SUBMISSIONS"
  • THE ABSENCE OF A REPLY TO A DEFENCE DOES NOT MEAN THAT IT COULD BE ASSUMED THAT THE ACCOUNT IN THE DEFENCE WAS ACCEPTED
  • WITNESS STATEMENTS ARE FOR FACTS: KNOWING THE DIFFERENCE BETWEEN EVIDENCE AND SUBMISSIONS (AND WHY IT MATTERS)
  • PROVING THINGS 250: FAILING TO PROVE IMPECUNIOSITY: A BARE ASSERTION IS NOT ADEQUATE

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