APPEAL COURT CANNOT IMPOSE COSTS CONDITION WHEN GIVING PERMISSION TO APPEAL IN SMALL CLAIMS TRACK APPEAL
The judgment of the Court of Appeal today in Smith v The Royal Bank of Scotland Plc [2021] EWCA Civ 977 highlights the fact that the small claims track is a “no costs” regime, even when matters reach the Court…
FATAL ACCIDENT DAMAGES AND THE CHOUZA CASE (3): PAIN,SUFFERING AND SHOCK PRIOR TO DEATH
This is the third post in a detailed examination of the judgment in Chouza v Martins & Ors [2021] EWHC 1669 (QB). Here we look at the judgment in relation to the claim for pain and suffering prior to death. …
WEBINAR ON PERSONAL INJURY DAMAGES: ACCOMMODATION AND APPLIANCE CLAIMS: 30th JUNE 2021
On the 30th June 2021 I am presenting a webinar on accommodation and appliance claims. Booking details are available here. THE WEBINAR Claims for accommodation and appliances are a major part of many serious claims. Here we look at the…
FATAL ACCIDENT DAMAGES AND THE CHOUZA CASE (2): WHO IS A DEPENDANT?
This is the second post in a detailed examination of the judgment in Chouza v Martins & Ors [2021] EWHC 1669 (QB). Here the we look at the position as to whether adult children were in fact “dependants” entitled to…
CASES IN THE ASBESTOS LIST ARE NOT SUBJECT TO COSTS BUDGETING: THERE ARE NO EXCEPTIONS…
In Smith v W Ford & Sons (Contractors) Ltd [2021] EWHC 1749 (QB) Master Davison refused a defendant’s application that costs budgeting take place in a case that was in the Asbestos list. “These listing arrangements cannot accommodate costs budgeting….
CONDITIONAL FEE AGREEMENT WAS NOT UNFAIR OR UNREASONABLE: SENIOR COURT COSTS OFFICE DECISION TODAY
In Acupay System LLC v Stephenson Harwood LLP [2021] EWHC B11 (Costs) Costs Judge Leonard rejected a claimant’s argument that a conditional fee agreement it had entered into with a solicitor was unfair, unreasonable and not supported by consideration. (There…
APPLYING TO SET ASIDE DEFAULT JUDGMENT: A DRAFT DEFENCE IS NOT MANDATORY, BUT ITS ABSENCE MAY WELL BE TELLING
In Alli-Balogun v On the Beach Ltd & Ors [2021] EWHC 1702 (QB) Mr Justice Jacobs considered the relevant criteria for a party seeking to set aside a default judgment on the merits. The defendant in this case did not…
TRANSCRIBERS, LIVE RECORDING AND COURT HEARINGS: COURT SENDS OUT A WARNING: FOLLOW THE RULES AND GET PERMISSION IN ADVANCE
In JR & B Farming Limited v Hewitt [2021] EWHC 1704 (Comm) HH- Davis-White QC (sitting as a High Court judge) issued a clear warning to parties and transcription services that they must follow the correct procedure if a record…
FATAL ACCIDENT DAMAGES AND THE CHOUZA CASE (1): THE “PERCENTAGE” DEPENDENCY CLAIM
It is rare for fatal accident dependency cases to reach trial. A detailed examination of many aspects of fatal accident damages was carried by Mr Justice Martin Spencer in Chouza v Martins & Ors [2021] EWHC 1669 (QB). This is…
IF YOU HAVE GOT ISSUES WITH DISCLOSURE YOU SHOULD HAVE SORTED THESE OUT WELL BEFORE TRIAL: HIGH COURT JUDGMENT
The judgment of Mr Justice Martin Spencer in Chouza v Martins & Ors [2021] EWHC 1669 (QB) contains much of interest and importance to anyone involved in fatal accident litigation. Indeed I will be writing a series of posts on…
EIGHT YEARS OF BLOGGING: LOOKING BACK AND LOOKING FORWARD
Today marks the 8th anniversary of Civil Litigation Brief as a blog. This may be an appropriate time to look back and consider some “facts and figure” FACTS AND FIGURES Last year the blog had 1,464,443 views and 505,431 visitors…
THE COPYING OF TRIAL BUNDLES: WHO PAYS THE PRICE?
In the judgment today in Axnoller Events Ltd v Brake & Anor [2021] EWHC 1706 (Ch) HHJ Matthews (sitting as a High Court Judge) had to determine an issue in relation to who pays the costs of copying a trial…
Commencing Assessment Proceedings, Default Certificates and Drafting Points of Dispute: Where does it all go wrong? Webinar 30th June 2021
Kings Chambers is presenting a webinar on the 30th June 2021 about avoiding problems in the assessment of costs process and the effective drafting of points of dispute. Booking details are available here. THE WEBINAR In Grekor Fisken Ltd -v-…
CASE STRUCK OUT BECAUSE OF FAILURE TO SERVE PARTICULARS OF CLAIM IN TIME: SECOND REMINDER TODAY THAT LITIGATION CAN SOMETIMES BE HARSH AND BRUTAL
In M/S Unique Part Trading LLC & Anor v Regal Lodge Road Ltd [2020] EWHC 3871 (Ch) Mr Justice Miles upheld an order striking out an action because the Particulars of Claim were served late. It is a reminder of…
“THE SOMETIMES HARSH, EVEN BRUTAL, DEFAULT CONSEQUENCES OF 36.17 MUST BE APPLIED IN THE PRESENT CASE”: RECOVER £10 IN DAMAGES AND STILL GET COSTS ON THE INDEMNITY BASIS
In Shah & Anor v Shah & Anor [2021] EWHC 1668 (QB) Mrs Justice Collins Rice upheld the decision of the trial judge that the defendants should bear the normal Part 36 consequences when the claimants had made a Part…
“THERE COMES A POINT WHEN APOLOGIES ARE NOT ENOUGH”: LATE APPLICATIONS IN THE COURT OF PROTECTION
In University Hospitals Dorset NHS Foundation Trust & Anor v Miss K [2021] EWCOP 40 Mrs Justice Lieven observed that applications, made very late in the day, by hospital trusts, cause considerable disruption. (The blunt reality here, however, is that…
CARE CLAIMS IN PERSONAL INJURY: WEBINAR 25th JUNE 2021
On the 25th June 2021 I am presenting a webinar on Care Claims in personal injury actions. Booking details are available here. This webinar looks at claims for care, the law underpinning care and assistance claims, looking at practical…
THE ASSESSMENT OF COSTS: A “NEAR MISS” OFFER IS NOT ENOUGH
In Mullaraj v Secretary of State for the Home Department [2021] EWHC B5 (Costs) Deputy Costs Judge Campbell rejected an argument that a “different order” for costs should be made following an assessment of costs. The paying party had made…
THE USE OF EXPERT WITNESSES TO CONSTRUE EUROPEAN DIRECTIVES AFTER BREXIT: HOW THE COURT WORKS WITH “ONE OR BOTH HANDS TIED BEHIND ITS BACK”
In Greenaway v Parrish & Ors [2021] EWHC 1506 (QB) Mr Justice Martin Spencer considered the “nightmare position” the courts are now in as a result of the European Union (Withdrawal) Act 2018 in relation to interpreting European Directives. This…
“THE PROVISION OF THE CPR FOR SERVICE… SHOULD BE FAMILIAR TO EVERY SOLICITOR WHO CONDUCTS LITIGATION… THE MULTIPLE ERRORS MADE IN PURPORTING TO SERVE THE DEFENDANT COULD HAVE BEEN AVOIDED WITH A LITTLE DILIGENCE”
Although issues of service are a regular feature on this blog I cannot recall many cases about mis-service of Notice of Commencement of a Bill of Costs. There have been several recently. The claimant failed to serve properly in Gregor…
COURT REFUSED PERMISSION TO SERVE RESPONDENT’S NOTICE LATE: DENTON PRINCIPLES APPLIED
There is a separate aspect of the decision of Mr Justice Lavender in SGI Legal LLP v Karatysz [2021] EWHC 1608 (QB) that warrants attention, the judge’s refusal to extend time for service of a respondent’s notice. “The purpose of a…
DEDUCTION OF LEGAL FEES FROM THE CLIENT’S DAMAGES: SOLICITORS SUCCESSFUL ON APPEAL
The decision of Mr Justice Lavender in SGI Legal LLP v Karatysz [2021] EWHC 1608 (QB) is part of the long, and continuing, battle relating to the deduction of legal fees by solicitors from claimant’s damages. In this case the…
LOSS OF EARNINGS CLAIM: WEBINAR 18th JUNE 2021
On the 18th June 2021 I am presenting a webinar on loss of earnings claims. The material includes a client questionnaire in relation to loss of earnings and income. Booking details are available here. TOPICS COVERED BY THE…
AWARDS FOR PAIN AND SUFFERING: NO GREATER AMOUNT IF YOU ARE RICH: A BLAST FROM THE PAST (64 YEARS TO BE PRECISE)
Often this blog covers judgments on the day they were made. Today, however, we are going back 64 years to 1957 looking at the case of Dunhill -v- Lumby reported on the 1st February 1957 in the Times. WHY THIS…
“THERE IS A WORRYING TREND… IN TERMS OF FAILURE BY EXPERTS GENERALLY IN LITIGATION COMPLYING WITH THEIR DUTIES”
There is an important point about a litigant’s responsibility for the conduct of their own experts (and expert’s conduct generally) in Beattie Passive Norse Ltd & Anor v Canham Consulting Ltd (No. 2 Costs) [2021] EWHC 1414 (TCC). This was…
WITNESS STATEMENTS & HILLSBOROUGH (A REPEAT II): CONFIRMATION BIAS AT ITS WORST
The tragic events of Hillsborough are in the news again. I am here repeating a post first written in 2016. The post is on one small part of the process: the initial gathering of evidence. It was the flawed nature…
NO NEED TO CALL CLAIMANT’S MEDICAL EXPERT IN A FAST TRACK TRIAL: MUST BE A GOOD REASON TO DEPART FROM THE NORMAL PROCEDURE
I am grateful to Claire Haley from Aegis Legal for sending me a copy of the judgement of HHJ Freedman in Taylor -v- TUI UK Limited (County Court at Newcastle 22nd January 2021). The judge overturned a decision that the…
CLAIMANTS WIDE RANGING EVIDENCE EXCLUDED: HIGH COURT DECISION TODAY
In BB & Ors v Al Khayyat & Ors [2021] EWHC 1499 (QB) Mr Justice Chamberlain allowed, in part, an application by a defendant that certain evidence put forward by the claimants in relation to an application be excluded. THE…
MORE ON MULTIPLE INJURIES, THE TARIFF AND TEST CASES
Official Injuries Claims have issued a release explaining the approach to test cases and multiple injuries. This explains the collaborative approach being adopted to find test cases in claims where the injuries fall inside and outside the tariff scheme. “neither…
MULTIPLE INJURIES AND THE CIVIL LIABILITY ACT 2018: CROSS-SECTOR WORKING GROUP WORKING ON IT
An earlier post dealt with the issues relating to multiple injuries in personal injury cases where a claimant suffered multiple injuries and some of those injuries are subject to the statutory tariff scheme whilst others are not. This is clearly…
TAKE CARE: THE SOLICITOR SIGNED THE STATEMENT OF TRUTH ON MATTERS WHICH WERE FOUND TO BE “DIRECTLY UNTRUE”
I am picking up another point from the judgment in Beattie Passive Norse Ltd & Anor v Canham Consulting Ltd (No. 2 Costs) [2021] EWHC 1414 (TCC). That is the care that must be taken when a solicitor signs a statement…
ARGUING THAT A CONVICTION FOLLOWING A GUILTY PLEA WAS WRONG: GUIDANCE FROM THE COURT OF APPEAL
In Munir v Revenue And Customs [2021] EWCA Civ 799 the Court of Appeal considered the steps available to a litigant who wished to argue that a criminal conviction was erroneous. In particular a litigant most probably needs to waive…
COURT OF APPEAL ENCOURAGES LITIGANTS TO GET INTO GEAR ON LISTS OF ISSUES AND SUGGESTIONS FOR MEDIATION
In Gregor Fisken Ltd v Carl [2021] EWCA Civ 792 the Court of Appeal made observations about two issues: the drafting of a list of issues; the failure to consider mediation. “It appears that the list of issues agreed by…
BUNDLES IN PART 8 PROCEEDINGS: THE RELEVANT DOCUMENTS CHRONOLOGICALLY AND IN CATEGORIES
Issues relating to bundles are a regular theme on this blog. There is a short postscript to the judgment of Master Clark in Hudman v Morris [2021] EWHC 1400 (Ch), where observations were made following a Part 8 hearing relating…
MEDICAL AGENCY COSTS NOT RECOVERABLE IN FIXED COSTS REGIME: REPORT OF A DECISION
I am grateful to Simon Fisher of DWF for sending me a copy of the decision of Deputy District Judge Akers in Powles -v- Hemmings, a decision on the 23rd April 2021, a copy of which is available here Powles…
APPLICATIONS BY EMAIL: JUDGES SHOULD BE ALERT AND THE PROCESS PROCEDURALLY FAIR: COURT OF APPEAL DECISION
There are some case where the parties attempt to litigate by correspondence, particularly correspondence with the court. Letters and emails proliferate, with no real structure. The rules of evidence, and the difference between “facts”, “arguments” and “submissions” are usually entirely…
CLAIMANTS RECOVER NO COSTS AT ALL WHEN ANSWERS TO QUESTIONS WERE “DIRECTLY UNTRUE”: ALSO LIABLE FOR INDEMNITY COSTS FOR A PERIOD
This blog has looked twice at the judgment of Mr Justice Fraser in Beattie Passive Norse Ltd & Anor v Canham Consulting Ltd [2021] EWHC 1116 (TCC). There is now a sequel. In Beattie Passive Norse Ltd & Anor v Canham Consulting…
GUIDANCE AS TO BUNDLES FROM THE ADMINISTRATIVE COURT: THE PDF PAGE SHOULD MATCH THE BUNDLE PAGE (SOMETHING THAT SEEMS TO BE QUITE RARE IN PRACTICE)
The Practice Direction on Administrative Court Bundle Guidance is available here. One thing it notes (and this appears to be a widespread issue for many e-bundles) is the need for the index to be counted in the page numbering. In…
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