CIVIL PROCEDURE ROUND UP: BLOG AND ARTICLES ROUND UP: NOVEMBER 2020
This round up covers specific posts and articles in relation to civil procedure from November 2020.
COSTS
REMEDIES
DAC Beachcroft – Court of Appeal examine the interpretation of the book of quantum
SETTLEMENT
Herbert Smith Freehills – COURT OF APPEAL GIVES GUIDANCE ON PROPER APPROACH TO ENHANCED AWARDS WHERE CLAIMANT BEATS ITS OWN PART 36 OFFER TO SETTLE
Litigation Futures – CA: Judge was wrong not to order all of part 36 enhanced awards
EVIDENCE
Kingsley Napley – Directors’ communications with their solicitors: perhaps not as privileged as you think (Part 2)
DAC Beachcroft – The importance of Expert Witnesses being independent and owing their principal duties to the Court
Litigation Futures – New rules on witness statements reach final hurdle
COURTS
Litigation Futures – Computer says sue: Litigators “can no longer ignore role of tech”
Litigation Futures – County Court Money Claims Centre issued judgment for £10.5m
Litigation Futures – ‘Signed For 1st Class’ service is first-class post, CA rules
BREXIT AND JURISDICTION
Herbert Smith Freehills – ARTICLE PUBLISHED – JURISDICTION CLAUSES AND SERVICE OUT POST-BREXIT: A WELCOME RULE CHANGE
Herbert Smith Freehills – HOW FAR CAN UK COURTS DEPART FROM EU CASE LAW?
Herbert Smith Freehills – HIGH COURT STRIKES OUT CLAIMS AGAINST BHP AS AN ABUSE OF PROCESS IN LIGHT OF PARALLEL CLAIMS IN BRAZIL
CORONAVIRUS AND CIVIL PROCEDURE
Herbert Smith Freehills – LORD CHIEF JUSTICE’S REPORT 2020: COURTS IN STRONG POSITION DESPITE PANDEMIC
Kingsley Napley – Firms brace for negligence impact
DAC Beachcroft – Key COVID-19 legal developments in the health sector: Mental Capacity and Deprivation of Liberty
DAC Beachcroft – COVID-19: Litigation in the Time of a Pandemic LATEST UPDATES
ON THIS BLOG
- PROVING THINGS 189: IF YOU WANT TO PROVE THE DEPTH OF SOMETHING – TAKE A RULER (OH, AND PHOTOGRAPHS)
- IT’S NOT YOUR OPPONENT’S JOB TO POINT OUT OMISSIONS IN YOUR OWN EVIDENCE: A CLOSER LOOK AT ONE ASPECT OF PJSC TATNEFT
- CLAIMANT REFUSED PERMISSION TO RELY ON NEW WITNESS STATEMENT SERVED PART-WAY THROUGH A TRIAL: LATE WITNESSES COULD NOT BE ALLOWED TO PLUG GAPS
- HOW TO LOSE A CASE: SILKY GUIDANCE: IGNORE THE FACTS (THAT ALWAYS HELPS)
- WHY AN EXPERT WITNESS MUST EXAMINE THE OBJECTIVE EVIDENCE: WHY MEDICAL RECORDS ARE NORMALLY THE KEY
- A PANDEMIC DOESN’T STOP YOU TICKING A BOX: DEFENDANT’S APPLICATION FOR ADJOURNMENT OF DEFAULT JUDGMENT APPLICATION REFUSED
- INDEMNITY COSTS AFTER A JUDGMENT DEBTOR WAS EXAMINED: IN ADDITION THERE IS GOING TO BE A SECOND MATCH…
- PROVING THINGS 188: PROVING A WARNING WOULD HAVE MADE A DIFFERENCE: PEDESTRIAN HIT BY CRICKET BALL LOSES CASE ON APPEAL
- PROVING THINGS 187: THE CAMERA MAY LIE: THE IMPORTANCE OF DATES ON PHOTOGRAPHS
- MORE ON OPINION EVIDENCE IN WITNESS STATEMENTS: DEFENDANT’S STATEMENT LARGELY STRUCK OUT AS AN ABUSE
- WITNESS STATEMENTS SHOULD “NOT MAKE POINTS WHICH ARE ESSENTIALLY A MATTER FOR LEGAL SUBMISSION OR ARGUMENT”: HIGH COURT DECISION
- IF YOU WANT RELIEF FROM SANCTIONS – PUT THE DEFAULT RIGHT AT ONCE, AND CERTAINLY WELL BEFORE ANY APPLICATION FOR RELIEF: DEFENDANT FAILS ON APPEAL WHEN WITNESS EVIDENCE SERVED LATE
- DEALING WITH DIFFICULT OPPONENTS: USEFUL LINKS AND HINTS: “NEVER LOWER YOURSELF, HOWEVER TEMPTING”
- CORONAVIRUS: LAW AND LAWYERS – RECENT POSTS AND ARTICLES
- RELIEF FROM SANCTIONS GRANTED WHEN NOTICE TO RELY ON HEARSAY EVIDENCE NOT SERVED AHEAD OF TRIAL
- WHAT’S THE DIFFERENCE BETWEEN A COMMERCIAL SOLICITOR AND A PROFESSIONAL KICKBOXER? (THERE’S A WHOLE WEBINAR ABOUT THIS…)
- BULLYING AT WORK: ADVICE FROM THE PROFESSION AND USEFUL LINKS: “NO ONE IS IMMUNE AND NO ONE KNOWS HOW MUCH IT WILL AFFECT THEM UNTIL IT HAPPENS”
- CONTEMPT OF COURT, THE STATEMENT OF TRUTH AND THE CRIMINAL STANDARD OF PROOF: HIGH COURT DECISION FINDS CLAIMANTS IN CONTEMPT OF COURT
- PROVING THINGS 186: WHEN THE ONE WITNESS IN THE CASE HAD LITTLE KNOWLEDGE OF HOW THE FIGURES IN THE SCHEDULE HAD BEEN REACHED – THERE IS TROUBLE AHEAD…
- WEARING FACEMASKS IN THE COURTROOM: A MATTER OF CHOICE FOR BOTH THE JUDGE AND OTHER PARTICIPANTS (UNLESS ACTUALLY SPEAKING)
- APPEALS, ISSUES OF FACT AND SAILING IN DIFFERENT OCEANS IN THE COURT OF APPEAL: CLINICAL NEGLIGENCE DECISION TODAY
- COURT REFUSES PARTY PERMISSION TO RELY ON WITNESS STATEMENT SERVED LATE
- REMOTE HEARINGS: TRIAL CAN GO AHEAD WITH PARTICIPANTS FROM ABROAD ALLOWED TO WATCH (SUBJECT TO SAFEGUARDS)
- CORONAVIRUS LAW: FURTHER STATUTORY STAY ON EVICTIONS AND TAKING CONTROL OF GOODS
- CLAIMANT’S CASE STRUCK OUT BECAUSE IT SAID TWO CONTRADICTORY THINGS: “JANUS-FACED” PLEADINGS NOT ALLOWED
- WITNESS STATEMENTS COULD BE DISCLOSED IF MENTIONED IN OPEN COURT: DEPP, THE UNCALLED WITNESSES AND THE MEDIA
- A REMOTE HEARING IS NOT INNATELY UNFAIR: NOR DOES IT CREATE AN INEQUALITY OF ARMS
- FUNDAMENTAL DISHONESTY, APPEALS AND RELIEF FROM SANCTIONS: CLAIMANT’S PROPOSED APPEAL COMES TO GRIEF
- YOU CAN TEACH AN OLD JUDGE NEW TRICKS: TECHNOLOGY “EMBRACE IT: IT WILL MAKE YOUR JOB EASIER”
- COURT OF APPEAL CONSIDERS AWARD FOR AS TO COSTS ON ACCOUNT: WHAT IS A “REASONABLE SUM”? (£325,000 IN THIS CASE)
- ACKNOWLEDGMENT OF SERVICE FILED LATE – BUT JUDGMENT IN DEFAULT WAS IRREGULAR AND SET ASIDE: A REMINDER THAT THE RULES HAVE CHANGED
- SERVICE OF THE CLAIM FORM: WHERE, AND WHY DO THINGS GO WRONG? THE LULL BEFORE THE STORM?
- WORKING FROM HOME IN A LONELY WINTER (5):LITIGATION DEADLINES – AVOIDING THE PAIN BY SHARING THE PAIN
- LOSS OF EARNINGS AND THE SELF-EMPLOYED: SOME KEY ISSUES: (ALSO A WEBINAR…)
- STRIKING OUT A MULTI-PARTY CASE AS AN ABUSE OF PROCESS: WHEN CASE MANAGEMENT IS “AKIN TO TRYING TO BUILD A HOUSE OF CARDS IN A WIND TUNNEL”
- THOUSANDS OF DOCUMENTS AND LEAVING SOME POINTS ON THE CUTTING ROOM FLOOR: THE JUDGE’S LAMENT
- WORKING FROM HOME IN A LONELY WINTER (4): PRODUCTIVITY
- WORKING FROM HOME IN A LONELY WINTER (3): STARTING A NEW JOB IN LOCKDOWN (WITH SOME HINTS FOR THE REST OF US AS WELL)
- SWIFT -V- CARPENTER: THE SUBSEQUENT COSTS JUDGMENT: AN ADDITIONAL £65,095.65; INDEMNITY COSTS & INCREASED INTERESTS: THE WISDOM OF MAKING A PART 36 OFFER WHEN APPEALING
- THE APPROACH OF THE COURT AT TRIAL WHEN A PARTY HAS NOT GIVEN DISCLOSURE: THE BENEFIT OF DOUBT IS AGAINST THEM
- PROVING THINGS 185: SAYING “I’M BROKE” DOES NOT PROVE IMPECUNIOSITY: “THE DEFENDANT IS ENTITLED TO KNOW THE CASE THEY HAVE TO MEET”
- WORKING FROM HOME IN A LONELY WINTER (2): DEALING WITH LONELINESS – ADVICE FOR LAWYERS (AND OTHERS)
- “A MARKED ‘DISCONNECT’ BETWEEN THE RESPONDENT’S WRITTEN EVIDENCE AND HIS ORAL TESTIMONY”: ANOTHER “ARGUMENTATIVE” WITNESS STATEMENT BITES THE DUST
- APPLYING FOR RELIEF FROM SANCTIONS: TWO CLASSIC MISTAKES AND A REMINDER OF 10 KEY POINTS
- APPLICATION TO ADDUCE NEW PHOTOGRAPHS AFTER FINAL SUBMISSIONS REFUSED: DENTON PRINCIPLES APPLIED
- “THE DOG ATE MY HOMEWORK” EXCUSE DOESN’T WORK WELL IN COURT: THE JUDGE MAY HAVE BEEN WRONG ABOUT THE WAY “SIGNED FOR 1ST CLASS” OPERATED BUT THEY WERE RIGHT TO REFUSE RELIEF FROM SANCTIONS: COURT OF APPEAL DECIION
- SECOND DEFENDANT ORDERED TO PAY COSTS CLAIMANT INCURRED IN PURSUING FIRST DEFENDANT: AN UNUSUAL CASE
- WORKING FROM HOME IN A LONELY WINTER (1): DECOMPRESSION – WINDING DOWN AFTER WORK FINISHES
- PROCEEDINGS BROUGHT BY BANKRUPT WERE “DOOMED TO FAIL”: AN IMPORTANT REMINDER
- COSTS: “ROLLED UP” OFFER OF SETTLEMENT, INCLUDING COSTS DID NOT GIVE A DEFENDANT ANY PROTECTION
- ILLEGALITY AND DAMAGES: SUPREME COURT DECISION: SOMEONE WHO COMMITS MANSLAUGHTER CANNOT BRING AN ACTION IN NEGLIGENCE
- HOW SHOULD DAMAGES FOR PAIN AND SUFFERING BE ASSESSED WHEN PROVISIONAL DAMAGES ARE BEING AWARDED? A HIGH COURT CASE
