A LOT ABOUT LITIGATION CONDUCT HERE: SIGNATURE OF THE STATEMENT OF TRUTH: POOR BUNDLES: POOR WITNESS STATEMENTS AND THE TOTAL LACK OF WISDOM IN SENDING MATERIAL DIRECTLY TO THE JUDGE IN THE MIDDLE OF A TRIAL...

A LOT ABOUT LITIGATION CONDUCT HERE: SIGNATURE OF THE STATEMENT OF TRUTH: POOR BUNDLES: POOR WITNESS STATEMENTS AND THE TOTAL LACK OF WISDOM IN SENDING MATERIAL DIRECTLY TO THE JUDGE IN THE MIDDLE OF A TRIAL…

April 30, 2021 · by · in Bundles, Conduct, Members Content, Statements of Case, Statements of Truth, Witness statements

The judgment of Mr Justice Fraser in Beattie Passive Norse Ltd & Anor v Canham Consulting Ltd [2021] EWHC 1116 (TCC) demonstrate some “unusual” conduct in litigation. Not least the claimant’s solicitors wrote to the judge, in the middle of…

THE DANGERS OF WORKING UNDER A DBA: WHEN DOES RIGHT TO PAYMENT ARISE? WAS THE DBA ENFORCEABLE: ISSUES CONSIDERED BY THE HIGH COURT

THE DANGERS OF WORKING UNDER A DBA: WHEN DOES RIGHT TO PAYMENT ARISE? WAS THE DBA ENFORCEABLE: ISSUES CONSIDERED BY THE HIGH COURT

April 30, 2021 · by · in Conditional Fee Agreements, Costs, Members Content

In  Tonstate Group Ltd & Ors v Wojakovski & Ors [2021] EWHC 1122 (Ch) Mr Justice Zacaroli considered the issue of whether the right to payment under a Damages Based Agreement (DBA).  It was held that right to payment under…

WITNESS STATEMENTS: WITNESSES CAN, AND PROBABLY SHOULD, REFRESH THEIR MEMORY FROM CONTEMPORARY DOCUMENTS

WITNESS STATEMENTS: WITNESSES CAN, AND PROBABLY SHOULD, REFRESH THEIR MEMORY FROM CONTEMPORARY DOCUMENTS

April 30, 2021 · by · in Civil evidence, Members Content, Witness statements

Evidence of the degree and knowledge needed in drafting witness statements can be seen in the judgment of Mr Justice Jacobs in  Global Display Solutions Ltd & Ors v NCR Financial Solutions Group Ltd & Anor [2021] EWHC 1119 (Comm)….