THE SOLICITORS DISCIPLINARY TRIBUNAL CAN AWARD COSTS ON THE INDEMNITY BASIS: APPEAL ON THIS ISSUE COMPROMISED
In October 2020 I wrote about the case of SRA -v- Ahmud where the Solicitors Disciplinary Tribunal were highly critical of the steps taken by the SRA in investigating and bringing a claim alleging dishonesty. That case has a short coda in…
COURT REFUSES CLAIMANT’S APPLICATION TO AMEND ITS OWN APPLICATION: THE DIFFERENCE BETWEEN A PROSPECTIVE AND RETROSPECTIVE APPLICATION
There are few judgments in relation to the amendment of applications. This issue was considered by Deputy Master Francis in Cavadore Ltd & Anor v Jawa & Anor [2021] EWHC 3382 (Ch). The claimant’s application to amend its application was…
LATE SERVICE OF SCHEDULE OF COSTS LEADS TO AN ORDER FOR DETAILED ASSESSMENT (WITH A SUBSTANTIAL INTERIM PAYMENT)
In Vine v Belfield [2021] EWHC 3068 (QB) Mr Justice Nicklin considered the position where a claimant had failed to file a Schedule of Costs. He held that the appropriate course of action was to make an order for detailed…
A PARTY WHO DOES NOT OBTAIN DISPENSATION FROM FEES, IF AVAILABLE, SHOULD NOT EXPECT TO RECOVER THE FEES: COST JUDGE DECISION
I am grateful to Yvonne Booth from Keoghs, solicitors, for sending me a copy of the judgment of Costs Judge Rowley in Gibbs -v- King’s College NHS Foundation Trust (11/11/2021) a copy of which is available here Judgment Gibbs v…
WHEN A CLAIMANT RELIES ON EXPERT EVIDENCE TO PROVE LIABILITY: THE (NOT SO) SLIPPERY SLOPE TO FAILURE
I am grateful to barrister Frederick Simpson for sending me his note of a decision where the claimant relied heavily on expert evidence in order to establish their claim. There were weaknesses in the report which contributed to the claimant’s…
INSOLVENCY FOR PERSONAL INJURY LAWYERS: WEBINAR 16th DECEMBER 2021
On the 16th December 2021 I am presenting a webinar “Insolvency for Personal Injury Lawyers”. In addition to the issues relating to personal insolvency the webinar will look at the latest cases in relation to third party rights against insurers…
WITNESS EVIDENCE, MEMORY AND CLINICAL NEGLIGENCE CASES: A DETAILED CONSIDERATION OF THE PRINCIPLES
We looked yesterday at the judgment of HHJ Tindal in Freeman -v- Pennine Acute Hospitals NHS Trust, a copy of which is available here. Freeman v Pennine NHS Judgment 03.12.21(without password) (1) The major part of that judgment contains a detailed…
THE SUMMARY ASSESSMENT OF COSTS: THE DANGERS OF DEPARTING FROM THE CORRECT FORM: A “CHAOTIC” SCHEDULE OF COSTS IS NEVER GOING TO HELP YOUR CAUSE
In Changing Climates Ltd v Warmaway Ltd [2021] EWHC 3117 (TCC) HHJ Sarah Watson issued a warning about departing from the standard form when seeking a summary assessment of costs after a hearing. “There is a reason that the court…
WITNESSES AND REMOTE HEARINGS: HOW IS IT GOING? IT IS WORTHWHILE AS LONG AS THE TECHNOLOGY WORKS
I am grateful to John De Bono QC for sending me a copy of the judgment of HHJ Tindal in Freeman -v- Pennine Acute Hospitals NHS Trust, a copy of which is available here. Freeman v Pennine NHS Judgment 03.12.21(without…
PROVING THINGS 220: ANOTHER CASE WHERE FUNDAMENTAL DISHONESTY NOT ESTABLISHED
In Long v Elegant Resorts Ltd [2021] EWHC 1330 (QB) HHJ Pearce, sitting as a judge of the High Court, did not accept the defendant’s contention that the claimant had been fundamentally dishonest. The defendant was relying on a factor…
WHAT FIXED COSTS APPLY AFTER A DEFAULT JUDGMENT SET ASIDE? ISSUE CONSIDERED IN THE COUNTY COURT
I am grateful to Simon Fisher of DWF for sending me a copy of the judgment in Chisnall -v- RSA Northern Ireland Insurance Ltd, a copy of which is available here. It deals with an issue relating to fixed recoverable…
WRONGFULLY ENTERING JUDGMENT GIVES RISE TO A CAUSE OF ACTION FOR A DEFENDANT: THE TORT OF ABUSE OF PROCESS
In Total Extraction Ltd v Aircentric Ltd [2021] EW Misc 21 (CC) District Judge Branchflower found that a claimant that had wrongfully entered judgment on admission was liable in damages to the defendant that had suffered losses as a result. …
PROVING THINGS 219: FAILING TO PROVE ALLEGATIONS OF FUNDAMENTAL DISHONESTY
In Mathewson v Crump & Anor [2020] EWHC 3167 (QB) Dan Squires QC (sitting as a Deputy High Court Judge) did not accept the defendants’ submissions that the claimant had been fundamentally dishonest in pursuing a personal injury claim. THE…
PRACTICE NOTE FROM SENIOR COSTS JUDGE: DEDUCTIONS FROM DAMAGES: CHILDREN AND PROTECTED PARTIES
The Senior Costs Judge has issued a Note on the procedure to be followed in the Senior Courts Costs office on approval of costs settlements where the claimant is a child or protected party. THE NOTE APPROVAL…
CLAIMANT’S APPLICATION FOR RELIEF FROM SANCTIONS REFUSED: A PARTY MORE INTERESTED IN APPEALING A COURT ORDER THAN COMPLYING WITH ITS TERMS…
In Day v Womble Bond Dickinson (UK) LLP [2021] EWHC 3236 (QB) Deputy Master Toogood refused a claimant’s application for relief from sanctions when there had been a four month delay in applying for permission to amend the Particulars of…
SOCIAL MEDIA AND DISCLOSURE: A REMINDER OF THE SOLICITOR’S DUTIES
The short judgment of Mr Justice Martin Spencer in Lock v Ravi-Shankar [2021] EWHC 3247 (QB) highlights a number of important issues in relation to the solicitor’s duty, disclosure and social media in particular. “It is necessary for solicitors to…
“IT IS NOT ACCEPTABLE ORAL ADVOCACY TO REDUCE WRITTEN SUBMISSIONS TO LITTLE MORE THAN A SERIES OF REFERENCES THAT A JUDGE CAN THEN LEFT TO FIND ACROSS A VAST BUNDLE”
The closing lines of the judgment of HHJ Pelling QC (sitting as a High Court judge) in Libyan Investment Authority v Credit Suisse International & Ors [2021] EWHC 2684 (Comm) highlight many issues in relation to civil advocacy. In particular…
WHEN A CLAIMANT TRIES TO USE A REPLY TO INTRODUCE A NEW CAUSE OF ACTION: PERMISSION TO AMEND REPLY REFUSED
In Powis Street Estates (No 3) Ltd v Wallace LLP & Anor [2021] EWHC 3269 (Ch) Deputy Master McQuail considered that parts of a Reply was an attempt to introduce a new cause of action. The claimant was not given…
CONTRIBUTORY NEGLIGENCE RECENT CASES AND THEIR PRACTICAL RELEVANCE: WEBINAR 9th DECEMBER 2021
On the 9th December 2021 I am giving a webinar on contributory negligence. This looks at recent cases where contributory negligence has been considered in the courts and the practical lessons that litigators can learn from this. Booking details available…
A DEFENDANT CAN RARELY (IF EVER) COMPEL A CLAIMANT TO JOIN OTHER DEFENDANTS TO AN ACTION: COURT OF APPEAL EXTRACTS CLAIMANT FROM A DIFFICULT SITUATION
In Pawley v Whitecross Dental Care Ltd & Anor [2021] EWCA Civ 1827 the Court of Appeal overturned an order that allowed a defendant to add additional defendants to a claim. Making such an order exposed the claimant to the…