CIVIL PROCEDURE: BLOG AND ARTICLES ROUND UP – MAY 2020
As we adjust to the problems of the pandemic some of the more conventional issues of litigation have been dealt with extensively this month.
Costs
Litigation Futures Claimant loses 15% of costs for “engrained” exaggeration
Litigation Futures Rule committee urged to review disbursements in fixed-cost cases
Costs Barrister Disability discrimination and QOCS
ADR
Herbert Smith Freehills Two recent cases illustrate that belief in a strong case does not justify refusing to engage with ADR
Herbert Smith Freehills High Court disallows substantial proportion of successful defendant’s costs due to unreasonable refusal to mediate
Liability
Herbert Smith Freehills High Court finds in favour of novel duty of care on employers (or quasi-employers) to protect against economic loss by providing an “ethically safe” work environment
Disclosure
Herbert Smith Freehills High Court refuses to set aside or vary disclosure order despite risk of foreign criminal or regulatory sanction
Herbert Smith Freehills High Court finds privilege not waived in expert report referred to in context of security for costs application
Injunctions
Herbert Smith Freehills High Court finds evidence of without prejudice discussions should be admitted to establish real risk of dissipation of assets in support of freezing injunction
Brexit and Litigation
Kerry Underwood
- PART 36: UNJUNCT TO AWARD DAMAGES UPLIFT WHERE OFFER DEALT WITH HOURLY RATES ON ASSESSMENT
- PART 36: ADDITIONAL AMOUNT DOES NOT ATTRACT INTEREST
- “APPROPRIATE COURT” TO IMPOSE CHARGING ORDER OVER FUNDS PAID INTO COURT PURSUANT TO COURT OF APPEAL’S ORDER
- EMPLOYMENT: COURT OF APPEAL CLARIFIES WHEN A “DISPUTE HAS ARISEN” FOR JURISDICTION PURPOSES
- FUNDAMENTAL DISHONESTY: NO NEED FOR DAMAGES HEARING
- COURT OF APPEAL SLASHES SOLICITOR’S COSTS OF COSTS BY 92.82%
- COURT MAY ORDER INTERIM PAYMENT ON ACCOUNT OF QUANTUM COSTS BEFORE QUANTUM HAS BEEN RESOLVED
- PART 36: UNJUST FOR CONSEQUENCES TO BE TRIGGERED
- PERSONAL INJURY AND CONTEMPT OF COURT PROCEEDINGS: COURT OF APPEAL GUIDANCE
- CLINICAL NEGLIGENCE / DISCIPLINARY TRIBUNAL: SIR RUPERT JACKSON’S PROPOSAL
- HIGH COURT MAKES COSTS ORDER IN FOREIGN CURRENCY
- COUNTY COURTS INTEREST BROUGHT IN LINE WITH HIGH COURT
- COSTS LAWYERS CAN DELEGATE WORK TO STAFF
- PART 36 COVERS SUBSEQUENT CLAIMS: HERTEL DISTINGUISHED
- LATE ACCEPTANCE OF PART 36 OFFER NOT EXCEPTIONAL CIRCUMSTANCES IN FIXED COSTS CASE
- INTEREST WHEN CLAIMANT MATCHES OWN PART 36 OFFER
- LITIGATION FUNDERS’ LIABILITY NOW UNCAPPED: ARKIN NOT FOLLOWED
On this blog
- COVID REPEATS 10: DON’T MAKE THE MISTAKE OF THINKING A JUDGE IS THE USHER: MORE ADVICE FROM MORE WISE PEOPLE
- INCREASE IN FATAL ACCIDENT BEREAVEMENT AWARD FROM TODAY: A FEW THINGS TO NOTE ABOUT THE BEREAVEMENT AWARD
- BID FOR A SIGNED COPY OF THE SECRET BARRISTER’S LATEST BOOK: RAISE FUNDS FOR THE BILLABLE HOUR: MONEY THAT IS BADLY NEEDED
- COVID REPEATS 11: IF THEY SAY IT WILL BE “GOOD EXPERIENCE FOR YOU” – WATCH OUT…
- ASSESSING DAMAGES IN PERSONAL INJURY CASES: WHEN THE JUDGES GO “BACK TO BASICS” (AND WHY IT MATTERS)
- COVID REPEATS 12: THINGS LAWYERS DO TO ANNOY JUDGES: “EVERY PIECE OF PAPER THAT LEAVES YOUR OFFICE IS AN ADVERTISEMENT FOR YOU AND YOUR LAW FIRM”
- COVID REPEATS 13: “CLOSING ARGUMENT WAS … AND EYE-GLAZING, BUM-NUMBING, DISC-HERNIATING TOTAL OF 662 PAGES”
- CORONAVIRUS CATCH UP 1: DENTON AND RELIEF FROM SANCTIONS
- COVID REPEATS 14: REVIEW OF “MAY IT PLEASE YOU MADAM”: “THE FIFTH DEFENDANT IS A CAT…”
- CORONAVIRUS CATCH UP 2: COSTS AND BUDGETING
- COVID REPEATS 15: MISSIVES FROM THE BENCH: “THAT ONE’S HALF BLIND AND HALF DEAF – I CALL HIM THE COURT OF APPEAL”
- COVID REPEATS 16: THE DOG THAT GOT A BETTER MASTER’S DEGREE THAN A WITNESS (WHEN WITNESSES DIG REALLY DEEP HOLES FOR THEMSELVES)
- THOSE WHO DRAFTED THE WITNESS STATEMENTS HAVE “FORGOTTEN WHAT THE ROLE OF THE WITNESS STATEMENT IS”: BACK TO BASICS FROM MR JUSTICE WAKSMAN
- COVID REPEATS 17: SEDLEY’S LAW OF DOCUMENTS
- COVID REPEATS 18: “BEHIND THE DIFFIDENT SMILE OF THE SHYEST JUNIOR IS A CONCEIT OF NAPOLEONIC PROPORTIONS”
- THE EXPERT’S DUTY TO GIVE A RANGE OF OPINION: A DECISION NOT TO DO SO “BORDERING ON ARROGANCE”
- COVID REPEATS 19: THOSE ADVOCATES WHO ARE GOING TO HELL (AND NOT BECAUSE THEY ARE THE DEVIL’S ADVOCATES)
- COVID REPEATS 20: CIVIL LITIGATION BRIEF 26 YEARS AGO: PROCEDURAL DEVELOPMENT IN 1994
- UNSUCCESSFUL DEFENDANTS ORDERED TO PAY SUCCESSFUL DEFENDANT’S COSTS: THE RELEVANT FACTORS CONSIDERED
- COVID REPEATS 21: OPENING LINES OF JUDGMENTS (WITH SOME NEW ONES THROWN IN): BJORN AGAIN
- PRE-ACTION DISCLOSURE: CONDUCT, DISCRETION AND THE “FISHING EXPEDITION” ANALOGY MAY NOT BE A GOOD ONE
- WHEN A DEFENDANT FILED A COSTS BUDGET LATE: RELIEF FROM SANCTIONS REFUSED: “THE DEFAULTING PARTY HAS ONLY ITSELF OR ITS LEGAL REPRESENTATIVE TO BLAME”
- COVID REPEATS 22: DRESSING FOR COURT: NO RIPPED JEANS, BUT NO TOP HAT, TAILS AND SPATS EITHER
- THE IMPORTANCE OF STATEMENTS OF CASE: THE TRIAL SHOULD NOT BECOME A “FREE FOR ALL”: COURT OF APPEAL SENDS OUT A WARNING
- COVID REPEATS 23: A CHEERFUL POST FOR THE WEEKEND: THE GOOD STUFF ABOUT BEING A LITIGATOR – FROM NICE LAWYERS
- COVID REPEATS 24: THE CLAIMANT THAT CLAIMED £15 MILLION, TURNED DOWN £1.5 MILLION AND RECEIVED £2.00 (YES TWO WHOLE POUNDS)
- COVID REPEATS 25: COSTS WHEN A CLAIMANT RECEIVES NOMINAL DAMAGES: YOU’VE TURNED DOWN £1.5 MILLION, RECEIVED £2 & NOW HAVE TO FACE THE CONSEQUENCES
- INTERLOCUTORY APPLICATIONS TO THE COURT: EXTENSIONS OF TIME & INTERIM PAYMENTS: WEBINAR 4TH JUNE 2020
- JOHNNY DEPP: LATE WITNESS STATEMENTS & THE COURTS: JUDGE CURTAILS THE EVIDENCE THAT CAN BE CALLED
- COVID REPEATS 26: YOU HAVE TO PROVE YOU HAVE SUFFERED DAMAGES: FOOTBALL CLUB PITCHES THEIR CASE TOO HIGHLY
- PROVING THINGS 176: RELYING ON MEMORY FROM EVENTS A LONG TIME BACK
- SERVICE OF THE CLAIM FORM: CLAIMANT SURVIVES “BY THE SKIN OF THEIR TEETH”: SOME IMPORTANT LESSONS TO LEARN HERE
- RELIEF FROM SANCTIONS GRANTED FOLLOWING LATE SERVICE OF WITNESS STATEMENTS: SUCCESSFUL APPEAL TO THE HIGH COURT
- COVID REPEATS 27: AVOIDING A SERIOUS TRAP: WHEN (AND WHEN NOT TO) SERVE THE CLAIM FORM ON A SOLICITOR: (YOU REALLY HAVE TO KNOW THIS)
- CLAIM STRUCK OUT FOR INADEQUATE PLEADING: ENOUGH TO MAKE YOU HIT THE BOTTLE
- ALDRED -V- CHAM: PERMISSION TO APPEAL REFUSED BY THE SUPREME COURT
- COVID REPEATS 28: GOING BACK TO COLLEGE: THE NEED TO PROVE DAMAGES
- EXPERTS CAN’T BE ADVOCATES: IT IS AS SIMPLE AS THAT
- THE COVERT RECORDING OF AN EXPERT’S EXAMINATION – THE SEQUEL: DEFENDANT GIVEN PERMISSION TO OBTAIN NEW EXPERT
- COVID REPEATS 29: “THERE IS NO PRIMER FOR SCUTTLERS”: THE JUDGE’S ASSESSMENT OF EVIDENCE WHERE (HE FOUND) THAT A SHIP WAS SUNK DELIBERATELY
- EXPERTS NOT FOLLOWING THE RULES: DEPLETES YOUR ENERGY: A HIGH COURT CASE
- THE USEFULNESS OF HAVING A TRANSCRIPT WHEN CONSIDERING ALLEGATIONS OF NON-DISCLOSURE
- COVID REPEATS 30: THE LYING WITNESS: THE APPROACH OF THE CIVIL COURTS
- COVID REPEATS 31: REPLIES AND DEFENCE TO COUNTERCLAIM: A PRIMER
- THE AUCTION FOR THE SECRET BARRISTER’S BOOK: GOING, GOING AND GONE
- COVID REPEATS 32: EXPERTS: SEEING THE WOOD FOR THE TREES: THE EXPERT THAT DIDN’T BOUGH DOWN TO THE RULES…
- ASSESSMENT OF COSTS: UNDER SPEND OF A PHASE – NOT A GOOD REASON TO DEPART FROM THE BUDGET
- SERVICE OF THE CLAIM FORM: WHAT CAN POSSIBLY GO WRONG? TEN SIMPLE POINTS TO MAKE LIFE EASIER & TO CAP OFF THE BANK HOLIDAY WEEKEND
- ASSESSING WITNESS CREDIBILITY: A REMINDER OF THE BASIC PRINCIPLES
- COVID REPEATS 33: YOU’LL NEVER GET TYRED OF THIS: AN EXPERT REPORT THAT WAS “EXTRAORDINARY IN ITS PRESENTATION AND SHOT THROUGH WITH BREATH TAKING ARROGANCE”:
- LIES, DAMN LIES AND LITIGATION: WHY PEOPLE TELL LIES AND WHAT DOES THE JUDGE DO? (A RECAP)
- AFFIDAVITS, COMPULSION, EXHIBITS AND THE IMPLIED DUTY NOT TO DISCLOSE TO THIRD PARTIES: HIGH COURT DECISION
- COVID REPEATS 34: EXPERTS, YACHTS AND THAT SINKING FEELING WHEN A CLAIMANT COMES TO GRIEF
- DAMAGES IN ANTICIPATION OF DEATH: WEBINAR 8TH JUNE 2020
- AUTOMATIC STAY OF POSSESSION HEARINGS APPLIES TO APPEALS: COURT OF APPEAL DECISION THIS MORNING
- EVALUATING EVIDENCE ON APPEAL: THE APPELLATE COURT WILL NOT READILY DISPLACE THE FINDINGS OF THE TRIAL JUDGE
- HAMMERSMITH & FULHAM LAW CENTRE: 10,000 STEPS FOR JUSTICE: LONDON LEGAL SUPPORT TRUST
- ACCEPTING AN OFFER DURING A HEARING: CONTRACTUAL PRINCIPLES, NOT PART 36, APPLY: OFFER DID NOT LAPSE AT THE DOOR OF THE COURT
- COVID REPEATS 35: EXPERTS: DECLARATIONS OF TRUTH SIGNED RECKLESSLY
- WITNESS STATEMENTS FULL OF VITRIOL – THIS IS NEVER GOING TO END WELL…
- COVID REPEATS 36: DEFENDANT’S EXPERT TOLD TO GET ON HIS BIKE: WHEN A PARTY “WISELY” PLACES NO RELIANCE ON THEIR OWN EXPERT IN CLOSING SUBMISSIONS
- COVID REPEATS 37: CROSS-EXAMINING EXPERT WITNESSES: HINTS, TIPS AND LINKS
- NON-COMPLIANCE WITH ORDER FOR EXPERT EVIDENCE AND THE CLAIMANT’S APPLICATION GOES UP IN SMOKE…
- LATE WITNESS STATEMENT: RELIEF FROM SANCTIONS NOT GRANTED: A WARNING AGAINST COMPLACENCY
- WHY YOU NEED TO KNOW THE RULES AND GUIDANCE IN RELATION TO SURVEILLANCE EVIDENCE: A WEBINAR
- RELIEF FROM SANCTIONS SHOULD NOT HAVE BEEN GRANTED: CPR 3.9 PROPERLY APPLIED IS ARTICLE 6 COMPLIANT
- COVID REPEATS 38: WHEN AN EXPERT FORGET TO MENTION THAT HE HAD BEEN A GOOD COLLEAGUE OF THE DEFENDANT