REVIEW OF COURT ARRANGEMENTS: MESSAGE FROM THE LORD CHIEF JUSTICE
As I am reading reports of numerous courts being open and requiring personal attendance today (23rd March) the Lord Chief Justice has issued a further note. Jury trials are “paused”. It has finally dawned on someone that the practice of…
PROTOCOL REGARDING REMOTE HEARINGS: OFFICIAL GUIDANCE
This Protocol was issued on the 20th March. Civil-court-guidance-on-how-to-conduct-remote-hearings CIVIL JUSTICE IN ENGLAND and WALES PROTOCOL REGARDING REMOTE HEARINGS 20 March 2020: for publication Introduction to this Protocol 1. The current pandemic necessitates the use of remote hearings where… Enjoying…
CORONAVIRUS RESOURCE: A USEFUL SITE
I am always looking for useful links for lawyers and others during the Coronavirus crisis. Can I draw people’s attention to Coronavirus Resources This is aimed at giving help with technology. It includes sections on: Remote, flexible and online work….
SPECIFIC GUIDANCE FOR FAMILY COURTS IN DORSET
HHJ Dancey, the Designated Family Judge for Dorset, has sent out a Local Practice Guidance on COVID-19. I am grateful to barrister Amanda Bancroft for sending it to me. It provides a template for working and supplements the President’s national…
THE KINGS CHAMBERS SITE: CORONAVIRUS: GUIDANCE FOR LAWYERS AND BUSINESSES: YOU CAN NOW SUBSCRIBE
I am, for the second time, promoting the site Coronavirus: Guidance for Lawyers and Businesses. This is a site that draws across the whole range of talent, and practice areas, of my chambers and provides detailed up to date advice…
REMOTE WORKING AND LITIGATOR 2: THE STATEMENT OF TRUTH
There are likely to be very few, if any, “face to face” meetings with clients in the near future. How do we cope with the statement of truth (I will deal with the specific issue of witness statements and the…
CIVIL COURT USERS IN MANCHESTER: GUIDANCE FROM THE DESIGNATED CIVIL JUDGE
HHJ Bird has issued specific guidance for civil court users in Manchester. “Dear Court User, I am writing to let you know what steps we are taking to keep the civil courts running in these difficult times. Specific arrangements apply…
CORONAVIRUS: SPOTTING AND AVOIDING THE SCAMMERS
The current crisis is bringing out the best in a lot of people. Unfortunately it can also bring out the worst. Here are useful links dealing with scammers, phishing, false sales and how to protect yourselves from those utterly awful…
CLAIMANT BEATS OWN PART 36 OFFER: DEFENDANT ORDERED TO PAY INDEMNITY COSTS FOR AN EXTENDED PERIOD BECAUSE OF ITS CONDUCT
I am grateful to Sam Hayman from Bolt Burdon Kemp for drawing my attention to the decision today of Mr Justice Griffiths in DSN v Blackpool Football Club Ltd [2020] EWHC 670 (QB). The defendant was ordered to pay indemnity…
REMOTE WORKING AND THE LITIGATOR 1: THE NEW REQUIREMENT FOR WITNESS STATEMENTS
Given that many of us will be working from home and not having direct contact with colleagues or clients I am starting a series on the issues we litigators currently face. The first looks at the issues caused by the…
TELEPHONE APPLICATIONS: A BEGINNER’S GUIDE
For many civil lawyers telephone hearings have been a part of litigation for some time. Developments today, however, have left some in the profession scratching their heads. Family lawyers in particular are asking about this mysteries of telephone hearings. Even…
UPDATE ON COVID-19 AND THE COURTS: GUIDANCE FROM THE LORD CHIEF JUSTICE
The Lord Chief Justice has today issued guidance today which makes it clear that remote hearings are now the default position. “The default position now in all jurisdictions must be that hearings should be conducted with one, more than one…
HMCTS GUIDANCE: CLOSURE OF COUNTERS IN THE QBD AND COURT OF APPEAL
In press Notices sent out at 21.55 this evening HMCTS announced the closure of counters at the QBD and Court of Appeal. These are both set out in full below. QBD “The Queen’s Bench Division is making some temporary…
HMCTS GUIDANCE ON TELEPHONE AND VIDEO HEARINGS DURING CORONAVIRUS OUTBREAK
HMCTS has published guidance HMCTS telephone and video hearings during coronavirus outbreak THE GUIDANCE “Running our courts and tribunals is an essential public service. Audio and video technology has long played a part in the justice system and can now…
CIVIL PROCEDURE AND THE CORONAVIRUS: PRACTICAL SOLUTIONS IN AN UNCERTAIN TIME: WEBINAR 25th MARCH 2020
On the 25th March 2020 at 1.00 pm I am giving a webinar on civil procedure and coronavirus, dealing with the best means of coping with procedural and other issues arising from COVID-19. This is aimed primarily at personal injury…
KINGS CHAMBERS: NEW SITE ON THE LEGAL AND COMMERCIAL EFFECTS OF COVID-19
Kings Chambers have started a new site ” CORONAVIRUS: GUIDANCE FOR LAWYERS AND BUSINESSES” THE AIM OF THE SITE The aim of the site is to draw across the whole range of expertise in chambers to help lawyers and…
COURT OF APPEAL OVERTURNS FINDINGS OF FACT: THE STANDARD OF PROOF FOR DISHONESTY: ALSO DELAY OF 22 MONTHS IN GIVING JUDGMENT UNACCEPTABLE
In Bank St Petersburg PJSC & Anor v Arkhangelsky & Anor [2020] EWCA Civ 408 the Court of Appeal ordered a retrial because of doubts in relation to the trial judge’s findings of fact. The judge had applied too high…
CORONAVIRUS UPDATE FROM THE LORD CHIEF JUSTICE: THE WHEELS OF JUSTICE SHOULD NOT GRIND TO A HALT
The update, issued yesterday is available here. KEY POINTS “It is not realistic to suppose that it will be business as usual in any jurisdiction, but it is of vital importance that the administration of justice does not grind to…
WORKING REMOTELY: USEFUL GUIDANCE
I have, ironically, been planning to write on remote working for some time. The post was going to be in the “well being” series and, among other things, deal with issues like social isolation when working from home. Now, of…
CORONAVIRUS: MORE USEFUL LINKS FOR LAWYERS
A large part of me wants to get back to writing about service of the claim form, committal proceedings and the like (and to that extent normal proceedings will be resumed shortly). Here a few additional links and updates. HEALTH…
BAR STANDARDS BOARD: COMPLYING WITH GOVERNMENT GUIDANCE NOT A BREACH OF BSB HANDBOOK
The Bar Standards Board has made it totally clear that a barrister complying with Government or Public Health Guidance is not in breach of the Bar Handbook. This has been done in a press release this morning. THE…
GUIDANCE ON CORONAVIRUS FOR ADVOCATES FROM THE BAR COUNCIL (AND THE NEED FOR A CLEAR STATEMENT FROM THE BAR STANDARDS BOARD)
The Bar Council website has useful guidance on dealing with Coronavirus, this is in a section on its website here. GUIDANCE GIVEN ON THE 16th MARCH 2020 This guidance is available from a link on the page, also here….
CORONAVIRUS – A USEFUL CASE: MASTER ALLOWS PARTY TO VARY DIRECTIONS BY CONSENT BY 56 DAYS
7BR’s website carries an interesting report from Adam Korn of a judgment today where Master Davison made an order extending the amount of time the parties can agree to vary directions. This was directly because of potential difficulties arising out…
GIVING THE SOURCE OF INFORMATION AND BELIEF IN A WITNESS STATEMENT: NOT A MERE TECHNICALITY: FAILURE TO COMPLY WITH RULES CAN HAVE MAJOR CONSEQUENCES
This blog has dealt, many times, with the difficulties that can arise when a solicitor makes a witness statement in support of an interlocutory application. Not least there is a duty to give details of the source of information and…
CIVIL LITIGATION IN A TIME OF TOTAL UNCERTAINTY: 10 KEY POINTS ON DIFFICULTIES ARISING OUT OF THE CORONAVIRUS OUTBREAK
I cannot recall a time when matters were so rife with uncertainty. By request I have been asked to consider practical steps litigators can take. Equally significantly we have to consider what steps the courts, and the Rules Committee, should…
CORONAVIRUS AND LAWYERS II: ADVICE FOR THE LEGAL COMMUNITY – FROM THE LEGAL COMMUNITY AND BEYOND
The post last month I posted some useful links for lawyers in relation to coronavirus. This clearly needs updating. Last time people were very kind in sending me other useful links which I added to the post. If anyone has…
DEFENCE STRUCK OUT FOLLOWING FAILURE TO GIVE FULL DISCLOSURE: SEVERE SANCTION WAS NOT DISPROPORTIONATE
In MKG Convenience Ltd, Re [2020] EWHC 547 (Ch) HHJ David Cooke refused the defendants’ application for relief from sanctions following a failure to comply with a peremptory order in relation to disclosure. The sanction was severe, however the circumstances…
“STATEMENTS OF CASE PLAY A CRITICAL ROLE IN CIVIL LITIGATION WHICH SHOULD NOT BE DIMINISHED”: THE COURT OF APPEAL AND THE LEARNING ACADEMY
In November 2018 I wrote about the decision of HHJ Klein in UK Learning Academy Ltd v The Secretary of State for Education [2018] EWHC 2915 (Comm). An appeal from that judgment has been heard, and dismissed, by the Court of Appeal. …
DEFENDANT’S PART 20 CLAIM AGAINST CLAIMANT’S WITNESSES STRUCK OUT: WITNESSES HAVE IMMUNITY (AND THIS HAS CONSEQUENCES…)
I am grateful to barrister David Green for supplying me with a note* of the judgment of HHJ Saggerson in Holley -v- Woodburn. HHJ Saggerson, Central London County Court). A copy of the judgment is available here C65YX969 Holley v…
ATTEMPTING TO APPEAL A FINDING OF FACT? SET THIS OUT EXPLICITLY IN THE NOTICE OF APPEAL: CLEAR GUIDANCE FROM THE COURT OF APPEAL
In Taylor v Rhino Overseas Inc. [2020] EWCA Civ 353 the Court of Appeal set out guidance for a party attempting to appeal a finding of fact. The fact that such an appeal is being made must be set out…
TRIAL JUDGE SHOULD HAVE FOUND THAT THE CLAIMANT HAD BEEN FLUSHED OUT AND WAS FUNDAMENTALLY DISHONEST: HIGH COURT ALLOWS APPEAL
In Roberts v Kesson & Anor [2020] EWHC 521 (QB) Mr Justice Jay allowed a defendant’s appeal and held that the trial judge should have found the claimant to be fundamentally dishonest. The fact that the claimant had been “flushed…
OUT OF TIME APPEAL ALLOWED BECAUSE OF ITS UNDERLYING MERITS: DENTON CONSIDERED
For the second time in two days I am writing about a relief from sanctions case where the court took into account the merits of the underlying case. Yesterday relief was refused because the court held that the case had…
THAT IMPORTANT DISTINCTION BETWEEN A “NON-ADMISSION” AND A DENIAL IN A DEFENCE: THE KEY CASES CONSIDERED
The discussion yesterday of the decision in Aven & Ors v Orbis Business Intelligence Ltd [2020] EWHC 523 (QB) gives rise to review cases on pleading a defence, in particular the important distinction between a “denial” and a “non-admission”. It is…
APPLICATION FOR RELIEF REFUSED BECAUSE THE UNDERLYING CLAIM WAS MISCONCEIVED: A RARE EXAMPLE OF THE MERITS OF THE ACTION BEING CONSIDERED
In Price, R v (on the application of) v The Crown Court at Snaresbrook [2020] EWHC 496 (Admin) Mr Justice Freedman refused the claimant’s application for relief from sanctions because the underlying claim was “hopeless”. This is a rare example…
PLEADING A DEFENCE PROPERLY: THE DIFFERENCE BETWEEN A DENIAL AND A NON-ADMISSION: HIGH COURT GOES BACK TO BASIC PRINCIPLES
There are some interesting observations about statements of case in the judgment of Mr Justice Warby in Aven & Ors v Orbis Business Intelligence Ltd [2020] EWHC 523 (QB). This case emphasises the difference between a non-admission and a denial…
SERVING PROCEEDINGS: COURT OF APPEAL REFUSE GOOSE’S APPEAL : THE DANGERS OF OVERLOOKING THE BASIC OBLIGATION TO SERVE
In Canada Goose UK Retail Ltd & Anor v Unknown Persons [2020] EWCA Civ 303 the Court of Appeal upheld the judge’s decision not to grant the claimant any kind of relief due to a failure to properly serve the…
INTERVIEWS FOR PUPILLAGE AND TRAINING CONTRACTS: ADVICE FROM ACROSS THE PROFESSION
There was some controversy earlier this week when Legal Cheek reported on websites charging barrister hopefuls as much as £200 an hour for pupillage interview advice. Many of the lawyers on Twitter were fairly outraged by this practice and doubted…
CLAIMANT’S HUMAN RIGHTS CLAIM FOR LOSS OF CHERISHED NUMBER PLATES NOT STRUCK OUT:
I am grateful to solicitor Ian Bailey from PGB Gitlin Baker for sending me a copy of the decision of HHJ Roberts in Phillips -v- Secretary of State for Transport. (County Court at Central London 24/02/2020 – a copy of…
RECOGNISING THAT 99.8% OF LITIGATORS ARE STARK RAVING BONKERS: (A REPOST)
This is post that was originally written in May 2014. It followeda talk I gave in Leeds “How to get sued, Make a Loss and be Miserable”. It led to the sharing of ideas between the 40 litigators who attended. …
THE PROBLEMS THAT CAN OCCUR WHEN A LAWYER MAKES A STATEMENT ON THEIR CLIENT’S BEHALF: “I ATTACH NO WEIGHT TO WHAT HE SAYS”
This blog has looked, many times, at the pitfalls that can occur when lawyers make statements on behalf of their clients. An example can be seen in the judge of Mr Justice Edis in Cobussen Principal Investment Holdings Ltd v…
CHALLENGING COST BUDGET PHASES ON ASSESSMENT: DECISION TODAY: PARTY CHALLENGING BUDGETED PHASE HAS AN UPHILL TASK
My colleague Paul Hughes has provided a link to a judgment today of District Judge Lumb in the case of Chapman -v- Norfolk & Norwich University Hospitals NHS Foundation Trust, available here. The judgment considers the issue of when a…
E BUNDLES: GUIDANCE FROM THE FINANCIAL REMEDIES COURT
The Courts and Tribunals Judiciary site has an “e-bundles protocol”. Since this is a sign of things to come it would benefit all practitioners to read it. THE GUIDANCE 4. Where an e-bundle is to be used the following technical…
SETTING ASIDE DEFAULT JUDGMENT: THE NEED FOR PROMPTNESS AND THE RELEVANCE OF THE DENTON CRITERIA
In Core-Export Spa -v- Yang Ming Marine Transportation Corp [2020] EWHC 425 (Comm) HHJ Pelling QC (sitting as a High Court Judge) refused an application to set aside a default judgment. The defendant had an arguable defence, however its history…
PROVING THINGS 175: WHEN THE TRIAL JUDGE IS ASKED TO CONSIDER THE QUALITY OF CUDDLY TOYS IN COURT: CPR 33.6 AND ITS SIGNIFICANCE
There is an interesting reminder of the provisions of CPR 33.6 in the judgment of HHJ Russen QC (sitting as a High Court Judge) in Dowman Imports Ltd v 2 Toobz Ltd (Rev 1) [2020] EWHC 291 (Comm). The judge…
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