CIVIL PROCEDURE BACK TO BASICS 83: PART 18 REQUESTS FOR FURTHER INFORMATION
Part 18 requests are often misused. The Practice Direction states “A Request should be concise and strictly confined to matters which are reasonably necessary and proportionate to enable the first party to prepare his own case or to understand the…
PROVING DAMAGES IN A FATAL CASE: THE COURT SHOULD LOOK AT THE “PRACTICAL REALITY”: WIDOW DID HAVE A FINANCIAL DEPENDENCY WHERE HUSBAND HAD RUN A SUCCESSFUL BUSINESS
In Rix v Paramount Shopfitting Company Ltd [2020] EWHC 2398 (QB) Mr Justice Cavangh considered and applied an important principle in fatal accident damages. The fact that the deceased person was running a successful business, and it went on trading …
JUDGE WAS RIGHT TO REFUSE CLAIMANT’S APPLICATION TO ADJOURN AND NOT TO ALLOW SINGLE WITNESS IN PLACE OF JOINT WITNESS: HIGH COURT DECISION TODAY
In Hinson v Hare Realizations Ltd (2) [2020] EWHC 2386 (QB) Mr Justice Martin Spencer refused a claimant’s appeal where it was argued that a trial judge should have adjourned a trial and given the claimant permission to rely on…
PROTOCOL FOR INSOLVENCY AND COMPANY WORK AT CENTRAL LONDON COUNTY COURT: APPLICABLE FROM TODAY
A Protocol for insolvency and company work at Central London applies from today. It is set out in full below. It sets out details for remote hearings of bulk and other work made necessary by the pandemic. “PROTOCOL FOR INSOLVENCY…
“LITIGATION WISHFUL THINKING”: A REMINDER OF ITS IMPORTANCE
This blog has looked many times at those cases where a case is determined by the judge’s assessment of the credibility of the witnesses. This does not always (or event often) mean that the losing side are not telling the…
PROVING THINGS 182: FAILING TO PROVE A CONTRACT WAS SIGNED AND GETTING DAMAGES OF £1: NOT A GREAT RESULT FOR A CLAIMANT
The judgment of JJH Melissa Clarke, sitting as a High Court Judge, in DPA (London) Ltd v D’Aguanno & Ors [2020] EWHC 2374 (IPEC) is a classic example of failing to prove key matters in a claim. Firstly the claimant…
SIMILAR WITNESS STATEMENTS (WITH THE SAME TYPOS) AND WITNESS CONFERRING WITH OTHERS: WHY “I SAY THE SAME AS THEM” RARELY HELPS
In the judgment today in Dr Jones Yeovil Ltd v The Stepping Stone Group Ltd [2020] EWHC 2308 (TCC) HHJ Russen QC (sitting as a High Court judge) made some observations about the witnesses giving evidence. The fact that some…
LETTER STATING THAT THE DEFENDANT CONSENTED TO SOME AMENDMENTS DID NOT OUST COURT’S JURISDICTION: TRY TO AMEND AT YOUR PERIL
In Scott & Ors v Singh [2020] EWHC 1714 (Comm) HHJ Eyre QC rejected an argument that a letter stating that the defendants agreed to some proposed amendments by the claimant meant that the court had no jurisdiction to prevent…
FATAL ACCIDENTS 2020: A SERIES OF WEBINARS TO HELP THOSE INVOLVED IN FATAL ACCIDENTS LITIGATION
Normally at this time of year I get together with Hilary Wetherell to present a one day course on fatal accidents. There are obvious difficulties with giving lectures this year. We are instead series of webinars on the key issues…
THE EMPLOYER’S DUTY OF CARE IN PERSONAL INJURY CASES: WEBINAR 24th SEPTEMBER 2020
On the 24th September 2020 I am presenting a webinar on the Employer’s Duty of Care in Personal Injury Cases. CONTENT Actions for breach of statutory duty were effectively curtailed by the Enterprise and Regulatory Reform Act 2013. It is…
GUIDANCE ON GIVING REMOTE EVIDENCE: ESSENTIAL READING FROM THE ACADEMY OF EXPERTS
The Academy of Experts have written Guidance on Giving Remote Evidence. Although this is aimed at expert witnesses there is much that anyone involved in litigation can take away from this. SELECTED EXTRACTS There is much that is useful. …
“PREPARED IN A WAY THAT MAKES ME ASHAMED OF MY PROFESSION”: ENSURING WITNESS STATEMENTS ARE ACCURATE IS AN IMPORTANT TASK – IF YOU WANT TO KEEP YOUR JOB…
There are nearly 800 posts on this blog that deal with issues relating to witness statements. The importance of ensuring that a statement is accurate is seen in the judgment of the Solicitors Disciplinary Tribunal in SRA -v- Gilfillan, available…
TWO WEBINARS ON LOSS OF EARNINGS: RECENT CASES: OGDEN 8: CHILDREN: THE SELF EMPLOYED: SPORTSPEOPLE AND ENTERTAINERS
I am presenting two webinars on the specific issue of loss of earnings in personal injury claims. The first, on the 9th September 2020, looks at recent cases, the impact of Ogden 8, claims for disability in the labour market…
CIVIL PROCEDURE (CORONAVIRUS): BLOG AND ARTICLES ROUND UP – AUGUST 2020
A round up of blog posts and articles relating to civil procedure and coronavirus for August 2020. Remote Hearings Stewarts – Divisional Court judgment offers lessons for virtual trials Litigation Litigation Futures – NHS, solicitors and patients group agree Covid-19 claims…
CIVIL PROCEDURE (NOT-CORONAVIRUS): BLOG AND ARTICLES ROUND UP – AUGUST 2020
A round up of blogs and articles about procedure, evidence and damages published in August 2020. Costs DAC Beachcroft – Beware of costs sanctions if your conduct falls out of line Costs Barrister – Crypto tokens and litigation funding ACL – Claimant debarred…
CHALLENGING THE AUTHENTICITY OF DOCUMENTS: A REMINDER OF THE BASIC RULES: IF YOU DON’T DISPUTE YOU ARE DEEMED TO ADMIT AUTHENTICITY
Earlier posts have looked at the importance of serving a notice of non-admittance of the authenticity of documents promptly. Here we look at the basics of the rule. Put bluntly if you do not serve a notice that you wish…
A DIFFICULT HEAD OF DAMAGE THAT MAY MAKE THE JUDGE WANT TO RETIRE: BOOK REVIEW: PIBA GUIDE TO PENSION LOSS CALCULATION: JAMES ROWLEY Q.C. & MATTHEW WHITE
The loss, or reduction, of income due to a personal injury is one of the primary concerns to most victims. Loss of earnings is a matter that is often under-explored in many texts relating to damages. This is even more…
THE TREATMENT OF EXPERT EVIDENCE AND APPEALS: ANOTHER CASE WHERE A JUDGMENT IN FAVOUR OF A DEFENDANT IS OVERTURNED
There has been much online discussion about the impact that the decision in Griffiths v TUI UK Ltd [2020] EWHC 2268 (QB) will have in relation to food poisoning cases and more generally. That case related specifically to the treatment of…
THE NIGHTINGALE COURTS: WHERE THEY ARE AND WHAT THEY COVER
HMCTS has published a list of “Nightingale Courts. Details are available here. Site Address Opening date Business being heard East Pallant House East Pallant Chichester PO19 1TY Monday 20 July 2020 Civil work from Worthing County Court and family work from Worthing…
NIGHTINGALE COURT IN LEEDS: STARTING 28th AUGUST 2020: BUSINESS AND PROPERTY COURTS AND CIVIL CASES: GUIDANCE FOR USERS
A “Nightingale Court” has started in Leeds from the 28th August 2020. It is being run at Cloth Hall Court, Quebec Street, Leeds. Below I have the formal notice from HMCTS and the guidance that has been issued to users…
WHEN SHOULD A LITIGATION FRIEND BE LIABLE FOR COSTS? INTERESTING COURT OF APPEAL DECISION
In Glover v Barker & Ors [2020] EWCA Civ 1112 the Court of Appeal overturned a decision where costs were awarded against a litigation friend. It is a particularly important judgment for those acting as litigation friends for defendants. THE…
NEWTON’S LAW AND COMMUNICATING WITH THE COURT: THE NEED FOR PARTIES TO GO THROUGH THE APPROPRIATE PROCEDURE
There are is brief passage in the judgment of Mr Recorder Allen QC in G v C [2020] EWFC B35 (OJ) (16 July 2020) that is of general application. “The communication has served to demonstrate Newton’s third law of…
EXTENSION OF STAY OF POSSESSION PROCEEDING TO THE 20th SEPTEMBER 2020
The Civil Procedure (Amendment No. 5) (Coronavirus) Rules 2020 extend the stay on possession proceedings from the 23rd August to the 20th September 2020. THE RULES The rules can be found here. WHAT THE RULES DO The mechanism is…
“WHAT IS THE DIFFERENCE BETWEEN A NON-ADMISSION AND A DENIAL” ? A SEARCH TERM THAT COMES UP FREQUENTLY
On the 3rd September 2020 I am presenting a webinar on Pleadings (Statements of Case) for Personal Injury Lawyers. One of the issues being looked at is drafting a defence. One of the regular search terms that lead to this…
LEXLAW -v- ZUBERI: PERMISSION TO APPEAL GRANTED
I wrote in July about the decision in Lexlaw Ltd v Zuberi [2020] EWHC 1855 (Ch) (10 July 2020) in relation to the validity of a damages based agreement. Practitioners may like to know that permission to appeal has been granted by…
THE LIMITATION PERIOD, PERSONAL INJURY AND THE RESTORATION OF A COMPANY: A HIGH COURT DECISION
In Holmes v S & B Concrete Ltd [2020] EWHC 2277 (QB) Mr Justice Martin Spencer considered the issues surrounding the claimant’s argument that the limitation period in a personal injury action was suspended when a company was wound up….
EXPERT EVIDENCE UNDER THE MICROSCOPE: THE TRIAL JUDGE CANNOT OVERTURN CONCLUSIONS OF A “UNCONTROVERTED” EXPERT: HIGH COURT DECISION TODAY
NB THIS DECISION WAS SUBSEQUENTLY OVERTURNED BY THE COURT OF APPEAL. THE COURT OF APPEAL JUDGMENT IS CONSIDERED HERE. In Griffiths v TUI UK Ltd [2020] EWHC 2268 (QB) Mr Justice Martin Spencer considered the question of the approach of…
COVID-19 Clinical Negligence Protocol 2020
A Protocol has been introduced between SCIL, NHS Resolution and AVMA, which deals with the conduct of personal injury litigation. Details can be found here. SUMMARY The press release has a useful summary “The protocol is wide-ranging, covering: moratoriums…
SIMILAR FACT EVIDENCE: AN OVERVIEW AND THE CASES: THE RELEVANT GUIDANCE CONSIDERED
The previous post about the Court of Appeal decision today in relation to similar fact evidence provides an opportunity to recap on some basic principles. OVERVIEW OF THE RELEVANT PRINCIPLES A detailed review of the cases appears below. By…
PROVING PROPENSITY AND SIMILAR FACT EVIDENCE IN CIVIL CASES: COURT OF APPEAL JUDGMENT TODAY
In the judgment today in R v P (Children: Similar Fact Evidence) [2020] EWCA Civ 1088 the Court of Appeal set out the principles relating to similar fact evidence in civil and family cases. The case is also an example…
REMOTE HEARINGS: ZOOM PLATFORM USED, AND WORKED: ALSO AN ENTRY FOR THE OPENING LINE OF JUDGMENT CONTEST: “FAMILY LAW CRAVES FINALITY”
In LB v DB [2020] EWFC B34 (OJ) Deputy District Judge Hodson expressed his dissatisfaction with telephone hearings, but found that a zoom hearing worked. This has not been a platform viewed with favour by the court authorities, yet appears…
PROVING THINGS 181: THE ART GALLERY, THE MILKMAN AND THE 1992 REGULATIONS…
It is rare for this blog to look at Scottish cases. However the judgment of the Sheriff Appeal Court in APPEAL BY ANDREW WRIGHT v NATIONAL GALLERIES OF SCOTLAND [2020] ScotSAC Civ 6 raises an issue that is common to…
COSTS BUDGETING: PRECEDENT T: EXCEL VERSION
I am grateful to Sean Linley for sending me an excel version of the new Precedent T. It gives me another chance to remind people of the new rules that come into force and and post photos of cars that…
SERVICE, JURISDICTION AND WASTED COSTS: A CASE TO POINT
We looked earlier at the judgment of Master Cook in Jovicic & Ors v The Serbian Orthodox Church-Serbian Patriarchy [2020] EWHC 2229 (QB) in relation to late service of the claim form. That judgment also considers the wasted costs application….
PROVING THINGS 180: ACCEPTING A LIFT WITH A DRUNKEN DRIVER, WHILST DRUNK: DEFENDANT FAILS TO ESTABLISH THAT FAILING TO WEAR A SEAT BELT MADE A DIFFERENCE
The judgment today of HHJ Robinson (sitting as a judge of the High Court) in Campbell v Advantage Insurance Company Ltd [2020] EWHC 2210 (QB) makes interesting reading. 1. A claimant cannot properly argue that he was too drunk himself…
PROVING THINGS 179: SECRETARY OF STATE’S “SUPERFICIAL INVESTIGATION” FAILS TO PROVE THAT DEFENDANT WAS A DE FACTO DIRECTOR
In the judgment given today in Secretary of State for Business, Energy And Industrial Strategy v Rahman [2020] EWHC 2213 (Ch) HHJ Paul Matthews found that the Secretary of State had failed to prove that the defendant had ever been…
SERVING THE COURT FORM (AFTER) THE LAST MINUTE: COURTING DISASTER LEADING TO A WASTED COSTS ORDER BEING MADE
The judgment of Master Cook in Jovicic & Ors v The Serbian Orthodox Church-Serbian Patriarchy [2020] EWHC 2229 (QB) provides an object lesson on the dangers of not serving the claim form well within the four month period. The judgment…
THE NEW COSTS MANAGEMENT PRACTICE DIRECTION: COMING INTO FORCE 1st OCTOBER 2020: READ IT HERE
The new Costs Management Practice Direction comes into force on the 1st October 2020. It is set out in full below. SOME POINTS OF INTEREST The specific exclusion of cases where the claimant has a limited life expectancy (which…
CORONAVIRUS LAW: PANDEMIC DID NOT PREVENT COURT MAKING MANDATORY INJUNCTION COMPELLING REMOVAL OF CARAVANS AND MOBILE HOMES
In Chichester District Council v Sullivan & Ors (Rev 1) [2020] EWHC 2154 (QB) HHJ Auberbach considered the impact of the coronavirus pandemic on a decision to grant a mandatory injunction requiring the removal of caravans and mobile homes in…
BANKRUPTCY AND THE PERSONAL INJURY LITIGANT: A REMINDER OF THE KEY POINTS
Bankruptcies were rising prior to the Coronavirus pandemic. There are concerns that COVID may have made matters worse. This can have a knock on effect on personal injury litigants bringing a claim. Here is a reminder of 10 steps that…
CASE WOULD NOT HAVE BEEN STRUCK OUT BECAUSE OF THE ABSENCE OF A LETTER BEFORE ACTION AND INCORRECT USE OF THE PART 8 PROCEDURE
In Halal Meat Sellers Committee Ltd & Anor v HMC (UK) Ltd [2020] EWHC 2190 (Comm) the court struck out the claimants’ claim as an abuse of process. It is interesting to note that the court indicated that there were…
CORONAVIRUS LAW: CHALLENGE TO VALIDITY OF ADOPTION AND CHILDREN REGULATIONS REJECTED BY THE ADMINISTRATIVE COURT
In Article 39, R (on the application of) v Secretary of State for Education [2020] EWHC 2184 (Admin) Mrs Justice Lieven rejected a challenge to the validity of the Adoption and Children (Coronavirus) Amendment Regulations 2020. “In anything less than…
COUNSEL’S FEES ARE RECOVERABLE ON A CASE THAT LEAVES THE PORTAL: WHEN A TRAIL OF BREADCRUMBS LEADS NOWHERE
In the judgment today in Finsbury Food Group Plc v Dover [2020] EWHC 2176 (QB) Mrs Justice Lambert rejected the defendant’s arguments that counsel’s fees were not recoverable. “I do not accept that leaving the legal costs of valuing a…
COURTESY AND CORRESPONDENCE: “NOTHING WAS SAID TO ACKNOWLEDGE OR ACCEPT THE JUDGE’S CRITICISM OF THE HIGH-HANDED MANNER IN WHICH THE ASSOCIATE SOLICITOR HAD SOUGHT TO TELL THE COURT HOW THE TRIAL WAS GOING TO BE CONDUCTED”
The post yesterday on the decision in Gubarev & Anor v Orbis Business Intelligence Ltd & Anor [2020] EWHC 2167 (QB) mentioned the issue that the Divisional Court had with the way in which the claimant’s solicitors had attempted to dictate…
CIVIL PROCEDURE (CORONAVIRUS): BLOG AND ARTICLES ROUND UP – JULY 2020
Issues relating to coronavirus still play a large part in the conduct of civil litigation. It is still worthwhile looking at those posts and articles that deal specifically with covid and the courts. Costs ACL – Gordon-Saker: Video and phone…
CIVIL PROCEDURE (NOT-CORONAVIRUS): BLOG AND ARTICLES ROUND UP – JULY 2020
A round up of interesting posts and articles about civil procedure and costs from July 2020. Costs ACL – Gordon-Saker: Video and phone hearings will continue at SCCO after coronavirus Courts Litigation Futures – “Tsunami of post-Covid litigation” could overwhelm courts Remote…
REMOTE HEARINGS THE SOLICITOR’S DUTIES: (1) READ THE ORDERS MADE; (2) DO NOT BE IN CONTEMPT OF COURT
In the judgment today in Gubarev & Anor v Orbis Business Intelligence Ltd & Anor [2020] EWHC 2167 (QB) the Divisional Court sent out a clear message that lawyers must follow orders of the court. Live trials cannot be transmitted…
WHEN THE FEE EARNER WITH CONDUCT OF A MATTER IS ALSO THE SOLE DIRECTOR OF THE CLIENT: UPPER TRIBUNAL AWARDS NO COSTS FOR THIS ASPECT OF THE CASE
There is a comment on costs in the judgment of Judge Timothy Herrington in Financial Solutions (Euro) Limited -v- The Financial Conduct Authority [2020] UKUT 0243 (TCC) that has some wider implications, albeit that it is was a relatively unusual…
EVIDENCE OBTAINED BY TORTURE: THE SUPREME COURT CONSIDERS THE APPROPRIATE APPROACH WHEN TORTURE CANNOT BE PROVEN
In the judgment today in Shagang Shipping Company Ltd v HNA Group Company Ltd [2020] UKSC 34 the Supreme Court sends out a clear message about the use (or rather non-use) of evidence obtained by torture in civil proceedings. This…
PROVING THINGS 178: PROVING PREJUDICE: THE NEED FOR SPECIFIC EVIDENCE
There is another aspect of the Court of Appeal decision in Cable v Liverpool Victoria Insurance Co Ltd [2020] EWCA Civ 1015 that justifies closer examination. That is the court’s observations on the judge’s finding of prejudice. The Court of Appeal…
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