SOLICITORS GIVING EVIDENCE: A DUTY TO BE COMPLETELY HONEST AND SCRUPULOUSLY ACCURATE
There are particular dangers for solicitors giving evidence. This morning I wrote about the common (but totally wrong) practice of solicitors using witness statements to argue points of law. In Ras Al Khaimah Investment Authority v Azima [2020] EWHC 1686…
WITNESS STATEMENTS “NOT IN MY STOCK IN TRADE”: HIGH COURT JUDGE HIGHLY CRITICAL OF ARGUMENTATIVE AND LARGELY IRRELEVANT WITNESS STATEMENTS
Last week I wrote about the report on witness evidence working group of the business and property courts. That report commented that drafting witness statements (more accurately evidence in chief) was no longer part of a lawyer’s “stock in trade”. …
BREACH OF A COURT ORDER ABOUT DISCLOSURE: THE STATEMENT OF TRUTH AND GOING TO PRISON (FOR QUITE A WHILE)
The judgment in Centek Holdings Ltd & Anor v Giles [2020] EWHC 1682 (Ch) is another example of why parties should take the statement of truth, and compliance with a court order, seriously. THE CLAIM The claimant brought proceedings against…
THE (NOT SO) LONELY LITIGATOR’S CLUB 35: HOWARD KEMP: THE OLYMPIAN, DRUMMING DISTRICT JUDGE
District Judge Howard Kemp is the third in what, currently, is our trio of judicial musicians. DJ Kemp is a drummer, and if you want to know what makes him an Olympian, read carefully… What instrument (or instruments) do you…
DEPP, DISCLOSURE, TEXT & TESTS: CASE STRUCK OUT BECAUSE OF FAILURE TO COMPLY WITH PEREMPTORY ORDER : CLAIMANT’S CASE NOW ALL AT SEA
In Depp v News Group Newspapers Ltd & Anor [2020] EWHC 1689 (QB) Mr Justice Nicol held that the claimant’s case stood struck out because of a failure to give disclosure. There are important observations about the scope of disclosure….
JUDGMENT SET ASIDE BECAUSE OF LOCKDOWN (2): WHO PAID THE COSTS? SOME IMPORTANT LESSONS HERE
A post earlier today dealt with the case of Stanley v London Borough of Tower Hamlets [2020] EWHC 1622 (QB) where a regular judgment was set aside because proceedings had been served, essentially, on empty offices. What will be of…
JUDGMENT SET ASIDE WHEN DEFAULT WAS OBTAINED BECAUSE OF “LOCKDOWN”: LITIGATORS MUST BE AWARE THAT THE WORLD SHIFTED ON ITS AXIS ON 23 MARCH 2020
The judgment of Mr Justice Julian Knowles in Stanley v London Borough of Tower Hamlets [2020] EWHC 1622 (QB) is the first reference I have seen to that part of CPR PD51ZA that deals the court’s general discretion when faced…
WITNESS STATEMENTS: EDITED HIGHLIGHTS OF THE REPORT OF THE WITNESS EVIDENCE WORKING GROUP: THE BUSINESS AND PROPERTY COURTS
This report of the Witness Evidence Working Group was produced at the end of last year. It highlights some major issues in relation to the use of witness statements, and the role and experience of those preparing them. It has…
INACCURATE TRANSCRIPTS WERE NOT AUTHENTIC: HIGH COURT DECISION
One reliable element in most litigation is a transcript of a judgment. In Ghassemian v de Beaumont & Anor [2020] EWHC 1642 (Ch) Mr Justice Birss had cause to question the accuracy of a transcript of his own judgment. “The…
COUNSEL’S ADVICE IS NOT EVIDENCE: REALLY, ITS NOT.
There is an interesting consideration of the role of counsel’s advice in the judgment of HHJ Vincent in AZ v BZ (financial remedies appeal) [2020] EWFC 28. In a financial remedies hearing, a judge was wrong to firstly admit, and…
THE EXPERT THAT DOESN’T GIVE HIS SOURCES (EXCEPT WIKIPEDIA): A PRACTICE DEPRECATED BY THE COURT.
In Engie Fabricom (UK) Ltd v MW High Tech Projects UK Ltd [2020] EWHC 1626 (TCC) Mrs Justice O’Farrell commented on the practice of one of the experts in the case. Failure to follow the basic guidance given in the…
GOING BACK INTO COURT: MY FIRST EXPERIENCE OF A SOCIALLY DISTANCED TRIAL
Yesterday I had my first experience since “lockdown” of going back into a court building to do a trial. I did a series of tweets about it and they have had some attention. That is why i thought it best…
CORONAVIRUS LAW: SHOULD A HEARING BE IN PERSON OR BY VIDEO?
In Surrey Heath Borough Council v Robb & Ors [2020] EWHC 1650 (QB) Mr Justice Freedman considered submissions that a hearing should take place in person. He held that there was an onus on part requesting a hearing in court…
THE NOT SO LONELY LITIGATOR’S CLUB 34: THE MUSICAL SECTION: JAMES HEYWORTH, SAXOPHONE, FLUTE & CLARINET
Our next member is newly retired District Judge James Heyworth. James is also a reinvigorated woodwind player. It turns out that I have untapped a whole host of judicial musicians, there may be more to come.. What instrument do…
THE NOT SO LONELY LITIGATOR’S CLUB 33: THE MUSICAL SECTION: H.H. JUDGE WOLSTENHOLME – THE DRUMMER JUDGE
The next member of the musical section of our Club is retired Circuit Judge Scott Wolstenholme. Scott may have retired from law a few years back but he is incapable of retiring from drumming. I have been playing in a…
FAILURE TO FILE A CERTIFICATE FOR THE LITIGATION FRIEND UPON ISSUE: CAN THE COURT REMEDY THE SITUATION: CONSIDERING THE IMPARTIALITY OF THE LITIGATION FRIEND
It is rare for there to be a lengthy judgment in relation to procedural issues about the appointment and the role of the litigation Friend. In Hinduja v Hinduja & Ors [2020] EWHC 1533 (Ch) Mr Justice Falk considered whether…
FARMER -v- THE CHIEF CONSTABLE OF LANCASHIRE: COSTS DISALLOWED IN FULL: FULL JUDGMENT NOW AVAILABLE
I wrote yesterday about the two useful articles on the case of Farmer v The Chief Constable of Lancashire [2019] EWHC B18 (Costs). The full judgment is now available on BAILLI. “Anybody around this table being of the costs persuasion…
WHEN MISCONDUCT ON ASSESSMENT LEADS TO NO AWARD OF COSTS
It is illuminating to read two reports of the case of Farmer -v- the Chief Constable of Lancashire, where a party’s conduct on assessment led to no award of costs being made. Indeed the claimant was ordered to pay the…
PROVING THINGS 177: WHEN YOU ARE RELYING ON A MEDICAL EXPERT ON CAUSATION WHO “SHOOTS FROM THE HIP” (IT DOESN’T END WELL)
I have written many times about issues arising from expert witnesses. In clinical negligence cases the role of the expert witness is often paramount. The claimant, in particular, is almost wholly reliant on expert evidence in relation to causation. It…
CLINICAL NEGLIGENCE TRIAL HELD REMOTELY: AND IT WORKED WELL…
I have highlighted some cases where remote hearings have had difficulties. In Jones v Ministry of Defence [2020] EWHC 1603 (QB) the judgment indicates that the remote hearing in a clinical negligence case worked well. THE CASE The case was…