AN OBJECT LESSON OF THE NEED TO CONFIRM VARIATIONS TO A RETAINER: COUNSEL’S FEES NOT RECOVERABLE: THE SOLICITOR WAS THE AUTHOR OF HIS OWN MISFORTUNE
The judgment of Master Haworth in Murray & Anor v Richard Slade and Company Ltd [2021] EWHC B3 (Costs) could be seen as an object lesson to solicitors about confirming the terms of a retainer. The Master did not allow…
AMENDMENTS TO PD 55 C: STAY EXTENDED TO 30th JULY 2021
The online version of PD 55C shows an extension of the time period for suspension of possession proceedings to 30th July 2021. THE AMENDED PRACTICE DIRECTION Is available here. THE RULE 1.1 of the PD now reads ” This…
WEBINAR ON AVOIDING PROBLEMS IN LIMITATION: 4th FEBRUARY 2021
On the 4th February I am giving a webinar “Limitation Avoiding Problems and Pitfalls”. THE WEBINAR This webinar looks at the major problem areas in limitation for personal injury litigants. It identifies, and helps litigators avoid, all those difficult areas…
PART 36 AND THE ASSESSMENT OF COSTS: CLAIMANT ALLOWED TO RAISE THE ISSUE LATE, BUT TO NO GREAT AVAIL
In Best v Luton & Dunstable Hospital NHS Foundation Trust [2021] EWHC B2 (Costs) Costs Judge Leonard allowed a claimant to raise an argument as to Part 36 benefits following an offer in assessment proceedings. However it was held that…
GIVING THE SOURCE OF INFORMATION AND BELIEF IN WITNESS STATEMENTS: A MANDATORY OBLIGATION THAT IT IS DANGEROUS TO OVERLOOK
We have looked many times at cases where problems have occurred because someone making a witness statement fails to comply with the mandatory obligation to give the sources of their information and belief. The problems this can lead to are shown…
SUING A CLAIMANT WHO HAS ACCEPTED A PART 36 OFFER: THE PROFOUND PROBLEMS WHEN PLEADING FRAUD: YOU CAN’T “WAIT AND SEE”
There is an interesting history in the judgment of Mr Justice Saini in in Kasem v University College London Hospitals NHS Foundation Trust [2021] EWHC 136 (QB). It is a case that is an object lesson in the stringent requirements…
WHAT HAPPENS IF YOU DON’T SETTLE AFTER A MEDIATION: NO ISSUE BASED ORDER, INDEMNITY COSTS AND £127,000 ON ACCOUNT OF COSTS
There is much for litigants and litigators to learn from the judgment on costs of James Mellor QC (sitting as a High Court judge) in Cranstoun & Anor v Notta [2021] EWHC 133 (Ch). The dangers of rejecting offers of…
KERRY UNDERWOOD ON COSTS – AND SO MUCH MORE: SUBSCRIPTION SERVICE READ ALL ABOUT IT
Kerry Underwood has started a new Newsletter – “Kerry On Costs… And So Much More…” THIRTY ISSUES IN 2021 The first issue can be seen here (and the link on this blog) and Kerry will produce at least 30…
SEEKING SUMMARY JUDGMENT: THERE ARE QUITE STRINGENT RULES: CLAIMANT HAD TO RECTIFY SITUATION TO OBTAIN ORDER
A reminder, if one were needed, that some applications have stringent formal requirements can be found in the judgment of HHJ Cawson QC (sitting as a High Court judge) in Williams & Anor v Simm & Ors [2021] EWHC 121…
WHY CAN’T YOU ASK LEADING QUESTIONS IN COURT (AND WHY SHOULDN’T YOU DO IT WHEN PREPARING A WITNESS STATEMENT)
A search term that led to this blog today was “why can’t the case presenter or representative can ask his witness leading questions during evidence-in – chief?” Examination in chief is rare in civil cases. The dangers of asking leading…
NEW FORM N244: SOMETHING TO WATCH OUT FOR
On the 20th January there were some slight amendments to Form N244 – the form for making applications in civil proceedings. THE CHANGES So far as I can tell the main change is to the statement of truth. There…
THE QUEEN’S BENCH GUIDE: 2021 EDITION : OUT TODAY – READ IT WHILE IT’S FRESH…
Hot on the heels of the new Senior Costs Office Guide today there is a new edition of the Queen’s Bench Guide. THE GUIDE The guide is available here THE PREFACE The President of the Queen’s Bench Division, Dame Victoria…
INJUNCTION AND POSSESSION AGAINST TRESPASER SUSPENDED BECAUSE OF COVID
In Merritt v Thurrock Council & Anor [2021] EW Misc 2 (CC) HHJ Karen Walden-Smith found that the defendant had no defence to a claim for trespass. However enforcement of the order was delayed because of the coronavirus situation. …
Senior Courts Costs Office Guide – the 2021 version is now available
The latest version of the Senior Court Costs Office Guide is available from today. THE GUIDE The Guide is available on a link here. The Guide now only exists electronically although the notes observe that it may be…
IMPORTANT COVID UPDATES FROM HMCTS: USEFUL LINKS FOR THE PRACTITIONER
The latest HMCTS weekly operational summary on courts and tribunals during coronavirus (COVID-19) outbreak contains some important links for those using the courts. LINKS HMCTS held a webinar for legal professionals to provide information on the arrangements in place at courts…
THE MISUSE OF WITNESS STATEMENTS: 2021 SHOWS THAT THE TREND CONTINUES: THREE CASES THAT ARE PROBABLY THE TIP OF AN ICEBERG
A search term that led to this blog earlier this week was “witness of fact giving expert evidence”. This, and changes coming into force in the Business and Property Courts in March mean that this is a good time to…
FIRST SERVICE CASE OF THE YEAR: SERVING PROCEEDINGS IS NOT ALWAYS A WALK ON THE BEACH
In Alli-Balogun & On The Beach Ltd & Ors [2021] EWHC 83 (QB) Mr Justice Bourne considered an issue relating to mis-service of proceedings. He held that service on a foreign company on another company, in the same group, with…
LAW AND FLOODING: USEFUL GUIDES TO THE LAW AND PRACTICAL LINKS (2021)
Anyone who lives around York is aware of the ever-present risk of flooding. Recent events mean that this is a good time to update the post giving links to assistance in relation to floods. I have added some new links…
AN INTERESTING CASE IN THE COURT OF APPEAL: NO INTEREST AWARDED ON DAMAGES FOR MALICIOUS PROSECUTION AND FALSE IMPRISONMENT
In Rees v Commissioner of Police of the Metropolis [2021] EWCA Civ 49 the Court of Appeal upheld a decision not to award interest on damages for damages for malicious prosecution and misfeasance in public office. THE CASE The claimant…
SOLICITOR AND OWN CLIENT ASSESSMENT: INTERIM BILLS ARE NOT STATUTE BILLS
In Masters v Charles Fussell & Co LLP [2021] EWHC B1 (Costs) Costs Judge Rowley found that bills rendered by the defendant solicitors were not final bills and the claimant retained a right to challenge those costs. ” in order…