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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers, Leeds, Manchester & Birmingham.
Browse: Home » 2021
PROVING THINGS 203: EVIDENCE AND SCOTT SCHEDULES IN COERCIVE CONTROL CASES: SCOTT SCHEDULES "INEFFECTIVE AND FREQUENTLY UNSUITABLE"

PROVING THINGS 203: EVIDENCE AND SCOTT SCHEDULES IN COERCIVE CONTROL CASES: SCOTT SCHEDULES “INEFFECTIVE AND FREQUENTLY UNSUITABLE”

January 18, 2021 · by gexall · in Civil evidence, Civil Procedure

In  F v M [2021] EWFC 4 Mr Justice Hayden considered issues relating to fact finding in a case of “coercive control”.  Although the difficulties here are in the context of a family case, the issues will have some relevance…

ANOTHER WITNESS STATEMENT THAT STRAYED INTO INADMISSIBLE ARGUMENTS, PROTRACTED COMMENTARY AND EXPERT EVIDENCE

January 18, 2021 · by gexall · in Applications, Civil evidence

There have been a number of recent cases regarding the appropriate drafting of witness statements, in particular attempts to put much inadmissible material into statements.  This can be seen in the judgment of HH Russen QC in Philipp v Barclays…

CLAIMANTS SUED THE WRONG (NON-EXISTENT) DEFENDANT -  AND THE LIMITATION PERIOD HAD EXPIRED: DON'T START BREAKING THE CROCKERY JUST YET

CLAIMANTS SUED THE WRONG (NON-EXISTENT) DEFENDANT – AND THE LIMITATION PERIOD HAD EXPIRED: DON’T START BREAKING THE CROCKERY JUST YET

January 18, 2021 · by gexall · in Amendment, Applications, Civil Procedure, Limitation

In The 52 Occupiers of the Ceramic Works v Bowmer & Kirkland Ltd & Anor [2021] EWHC 17 (TCC) District Judge Baldwin considered an application to substitute a defendant after the primary limitation period had expired.  The judge, if anything,…

PROVING THINGS 201: THE WHITE LION HOTEL CASE AND PROVING BREACH OF DUTY BY AN OCCUPIER

PROVING THINGS 201: THE WHITE LION HOTEL CASE AND PROVING BREACH OF DUTY BY AN OCCUPIER

January 17, 2021 · by gexall · in Appeals, Fatal Accidents, Liability

In the judgment in The White Lion Hotel (A Partnership) v James [2021] EWCA Civ 31 the Court of Appeal set out some importance principles in relation to claims based on the Occupiers’ Liability Act 1957.  The court upheld a…

LAWFULNESS OF DAMAGES BASED AGREEMENTS UPHELD BY THE COURT OF APPEAL

January 15, 2021 · by gexall · in Appeals, Costs

In a judgment given today the Court of Appeal upheld the decision at first instance in the judgment of HHJ Parfitt (sitting as a High Court Judge in Lexlaw Ltd v Zuberi [2020] EWHC 1855 (Ch). THE COURT OF APPEAL JUDGMENT In…

PROVING THINGS 200: ALL THE SERIES IN ONE PLACE: THE (VERY) EXPENSIVE COSTS OF FAILING TO THINK FULLY ABOUT EVIDENCE

PROVING THINGS 200: ALL THE SERIES IN ONE PLACE: THE (VERY) EXPENSIVE COSTS OF FAILING TO THINK FULLY ABOUT EVIDENCE

January 14, 2021 · by gexall · in Civil evidence, Civil Procedure, Damages, Witness statements

There are now 200 posts in the “Proving Things” Series.  These centre, usually, on a failure to establish matters at trial. Sometimes the failures are dramatic. In Marathon Asset Management LLP -v- Seddon [2017] EWHC 300 (Comm) i the claimants had…

CLAIMANT NOT SUCCESSFUL IN  APPLICATION THAT A WITNESS ATTEND IN PERSON AND NOT REMOTELY

CLAIMANT NOT SUCCESSFUL IN APPLICATION THAT A WITNESS ATTEND IN PERSON AND NOT REMOTELY

January 14, 2021 · by gexall · in Case Management, Civil evidence, Civil Procedure, Coronavirus, Remote hearings

In Langley v GMB & Ors [2020] EWHC 3619 (QB) Mrs Justice Stacy refused a claimant’s application for an order that a defendant’s witness attend court personally.  The matter could proceed fairly with the witness attending remotely.  This judgment (given…

“HIS WITNESS STATEMENT … CONTAINED A GREAT DEAL OF ANALYSIS, SUBMISSION AND COMMENTARY ON DOCUMENTS”

January 13, 2021 · by gexall · in Civil evidence, Webinar, Witness statements

Because of the imminent changes in the rules in the Business and Property courts it is an opportune time to see how often the basic principles of witness evidence are not being observed. We see this in the judgment in YJB…

PROVING THINGS 199: "THE BITTER TRUTH": INNOCENT PARTIES MAY SUFFER NO LOSSES - AND RECEIVE NO DAMAGES

PROVING THINGS 199: “THE BITTER TRUTH”: INNOCENT PARTIES MAY SUFFER NO LOSSES – AND RECEIVE NO DAMAGES

January 13, 2021 · by gexall · in Civil evidence, Damages

The judgment of Mr Stephen  Houseman QC sitting as a Deputy High Court judge in YJB Port Ltd v M&A Pharmachem Ltd & Anor [2021] EWHC 42 (Ch) is another example of a party failing to prove it had suffered…

PROVING THINGS 198: "NOT RELIABLE EVIDENCE": THOSE EMAILS MAY NOT BE ALL THEY SEEM

PROVING THINGS 198: “NOT RELIABLE EVIDENCE”: THOSE EMAILS MAY NOT BE ALL THEY SEEM

January 13, 2021 · by gexall · in Civil evidence, Disclosure

In  Richards v Harvey [2021] EWHC 21 (Ch) HHJ Cooke, doubted the authenticity of emails relied upon by the claimant. It is a reminder of the importance of a notice to prove.   “This document is not reliable evidence of…

PROVING THINGS 197: PROVING LOSS OF EARNINGS IN A PANDEMIC: ACTUAL EARNINGS EXCEEDED POTENTIAL EARNINGS

January 12, 2021 · by gexall · in Civil evidence, Damages

Sicri v Associated Newspapers Ltd (Rev 1) [2020] EWHC 3541 (QB) is an unusual case in many ways.  There are issues that are sensitive and require careful consideration.  However there are also observations about claiming loss of earnings and proving…

COVID DOESN'T STOP THE COURTS GOING ON: BUT GREAT CARE IS NEEDED

COVID DOESN’T STOP THE COURTS GOING ON: BUT GREAT CARE IS NEEDED

January 12, 2021 · by gexall · in Adjournments, Applications, Civil Procedure, Coronavirus, Remote hearings

In Bilta (UK) Ltd & Ors v SVS Securities Plc & Ors [2021] EWHC 36 (Ch) Mr Justice Marcus Smith examined in detail the principles relating to court hearings during COVID.  There is an examination of the steps that need…

QUESTIONNAIRE ON FACILITIES AT THE BUSINESS AND PROPERTY COURTS IN LEEDS

QUESTIONNAIRE ON FACILITIES AT THE BUSINESS AND PROPERTY COURTS IN LEEDS

January 12, 2021 · by gexall · in Civil Procedure

A survey is taking place in relation to facilities at the Business and Property Courts in Leeds. The closing date is 29th January 2021.   “Background Leeds is a core commercial hub and the biggest legal centre outside London. We…

LAWYERS (WELL LITIGATORS ANYWAY) ARE CRITICAL WORKERS: TRAVEL, OVERNIGHT ACCOMMODATION AND SCHOOL PLACES

LAWYERS (WELL LITIGATORS ANYWAY) ARE CRITICAL WORKERS: TRAVEL, OVERNIGHT ACCOMMODATION AND SCHOOL PLACES

January 11, 2021 · by gexall · in Coronavirus

The HMCTS operational summary for this week states that “all those who work in courts and tribunal” are critical workers “Updated: All those essential to keeping the justice system running are considered critical workers. This applies to all those who work…

JUDGMENT ON EXTENT OF POWERS OF HIGH COURT ENFORCEMENT OFFICERS: THE ACCESSIBLE LANGUAGE SUMMARY

JUDGMENT ON EXTENT OF POWERS OF HIGH COURT ENFORCEMENT OFFICERS: THE ACCESSIBLE LANGUAGE SUMMARY

January 10, 2021 · by gexall · in Access to justice, Civil evidence, Civil Procedure

In Just Digital Marketplace Ltd (enforcement – controlled goods agreements – taking control of goods) [2021] EWHC 15 (QB) Master McCloud gave an important judgment about the extent of the powers of  a High Court Enforcement Officer.  However there is no…

GUIDELINE HOURLY RATES: WORKING GROUP REPORT NOW PUBLISHED: READ THE REPORT AND RESPOND TO THE CONSULTATION

GUIDELINE HOURLY RATES: WORKING GROUP REPORT NOW PUBLISHED: READ THE REPORT AND RESPOND TO THE CONSULTATION

January 10, 2021 · by gexall · in Civil Procedure, Costs

The Civil Justice Council Working Group Report of Guideline Hourly Rates has been published and is available here . THE REPORT The guideline hourly rates were last increased in 2010.  A series of reports since that time have led to…

A WITNESS STATEMENT SHOULD NOT ATTEMPT TO ARGUE THE CASE: YET ANOTHER JUDICIAL REMINDER

January 8, 2021 · by gexall · in Case Management, Civil evidence, Webinar, Witness statements

In  Ceviz v Frawley & Anor [2021] EWHC 8 (Ch)  HHJ Keyser QC made observations about a witness statement.  This case highlights the need for practitioners to be aware of the limitations of witness statement.   If this kind of statement…

COURT REFUSES CLAIMANT PERMISSION TO WITHDRAW FROM ADMISSIONS: "THE WHOLE POINT OF THINGS BEING ADMITTED IS THAT PARTIES CAN MOVE ON AND NOT BE BOTHERED WITH INVESTIGATING SUCH MATTERS"

COURT REFUSES CLAIMANT PERMISSION TO WITHDRAW FROM ADMISSIONS: “THE WHOLE POINT OF THINGS BEING ADMITTED IS THAT PARTIES CAN MOVE ON AND NOT BE BOTHERED WITH INVESTIGATING SUCH MATTERS”

January 8, 2021 · by gexall · in Admissions, Applications

In Advinia Care Homes Ltd v (1) BUPA Care Homes Investments (Holdings) Ltd & Ors [2020] EWHC 1563 (Ch) Mr Michael Green QC (sitting as a High Court judge) refused a claimant’s application to withdraw from an admission. “The whole…

PD51ZA WAS NOT EXTENDED: NEW PROVISIONS PLANNED TO ALLOW RULES TO BE CHANGED DURING PUBLIC EMERGENCY

PD51ZA WAS NOT EXTENDED: NEW PROVISIONS PLANNED TO ALLOW RULES TO BE CHANGED DURING PUBLIC EMERGENCY

January 7, 2021 · by gexall · in Civil Procedure, Coronavirus, Extensions of time, Rule Changes

There have been several enquiries recently as to whether PD51ZA, which allowed the parties to agree lengthier extensions of time, was extended. The simple answer is that it was not. The rule expired on 30th October 2020.   MINUTES OF…

A CLAIMANT'S ADDRESS SHOULD BE ON THE CLAIM FORM: BUT A FAILURE DOES NOT LEAD TO A GRANT OF SECURITY FOR COSTS

A CLAIMANT’S ADDRESS SHOULD BE ON THE CLAIM FORM: BUT A FAILURE DOES NOT LEAD TO A GRANT OF SECURITY FOR COSTS

January 6, 2021 · by gexall · in Applications, Civil Procedure

The judgment of Master Kaye in Beriwala v Woodstone Properties (Birmingham) Ltd & Anor [2021] EWHC 6 (Ch) provides a reminder that the inclusion of the claimant’s address on the claim form is a mandatory requirement [unless an application is…

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Recent Posts

  • PROVING THINGS 203: EVIDENCE AND SCOTT SCHEDULES IN COERCIVE CONTROL CASES: SCOTT SCHEDULES “INEFFECTIVE AND FREQUENTLY UNSUITABLE”
  • ANOTHER WITNESS STATEMENT THAT STRAYED INTO INADMISSIBLE ARGUMENTS, PROTRACTED COMMENTARY AND EXPERT EVIDENCE
  • CLAIMANTS SUED THE WRONG (NON-EXISTENT) DEFENDANT – AND THE LIMITATION PERIOD HAD EXPIRED: DON’T START BREAKING THE CROCKERY JUST YET
  • PROVING THINGS 201: THE WHITE LION HOTEL CASE AND PROVING BREACH OF DUTY BY AN OCCUPIER
  • LAWFULNESS OF DAMAGES BASED AGREEMENTS UPHELD BY THE COURT OF APPEAL

Top Posts & Pages

  • CLAIMANTS SUED THE WRONG (NON-EXISTENT) DEFENDANT - AND THE LIMITATION PERIOD HAD EXPIRED: DON'T START BREAKING THE CROCKERY JUST YET
  • PROVING THINGS 203: EVIDENCE AND SCOTT SCHEDULES IN COERCIVE CONTROL CASES: SCOTT SCHEDULES "INEFFECTIVE AND FREQUENTLY UNSUITABLE"
  • ANOTHER WITNESS STATEMENT THAT STRAYED INTO INADMISSIBLE ARGUMENTS, PROTRACTED COMMENTARY AND EXPERT EVIDENCE
  • PROVING THINGS 201: THE WHITE LION HOTEL CASE AND PROVING BREACH OF DUTY BY AN OCCUPIER
  • TRIAL BUNDLES: TIMING, CONTENTS AND PRESENTATION : AND DO YOU KNOW SEDLEY’S LAWS?

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