RELIEF FROM SANCTIONS GRANTED ON APPEAL WHERE A PARTY FAILED TO PAY THE COURT FEE
In Silber v London Borough of Barnet (HOUSING – CIVIL PENALTY – case struck out by FTT for failure to pay the hearing fee – criteria for relief from sanctions) [2021] UKUT 206 (LC) the Upper Tribunal allowed an appeal…
CLAIMANT WHO FAILED TO USE THE PORTAL WAS UNREASONABLE AND HAS TO FACE THE MUSIC: FIXED COSTS APPLY
I am grateful to Gemma Blackburn from DWF Law for bringing my attention to the judgment of Costs Judge Haworth in Harford v Music Store Professional UK/DV247 Ltd [2021] EWHC B17 (Costs). “I am satisfied that in this case…
“… THE JUDGE COULD NOT UNDERSTAND WHY EITHER SIDE WAS PROPOSING TO SPEND LARGE SUMS ON LITIGATION THAT APPEARED BOTH FUTILE TO BRING AND SENSELESS TO DEFEND”: COURT OF APPEAL DECISION ON SECURITY FOR COSTS
The decision of the Court of Appeal in Heathfield International LLC v Axiom Stone (London) Ltd & Anor [2021] EWCA Civ 1242 is about security for costs. The “mysteries” as to why the action was being brought and defended, played…
JUDGE ENTITLED TO FIND A CLAIMANT WAS NOT DISHONEST: IT MAY BE MORE BENEFICIAL TO DIRECT ATTENTION TO SOLICITOR RATHER THAN THE “HAPLESS CLIENT”
In Michael v I E & D Hurford Ltd (t/a Rainbow) [2021] EWHC 2318 (QB) Mrs Justice Stacey refused the defendant’s appeal in a case where the trial judge had found the claimant not to be fundamentally dishonest. The claimant…
“I EXPECTED THAT THE LAWYERS IN THE CASE WOULD WORK CONSCIENTOUSLY WORK WITHIN THE BUDGET WHICH I HAD SET. SADLY, I SENSE, THAT THEY HAVE NOT TRIED VERY HARD TO DO SO”
In Z (No.2) (Schedule 1: Further Legal Costs Funding Order; Further Interim Financial Provision) [2021] EWFC 72 Mr Justice Cobb carried out what was, essentially, a cost budgeting exercise in a family case. There are important observations about the need…
PROVING THINGS 214: CORONAVIRUS, COMPANIES AND INSOLVENCY: PETITIONER FAILS TO PROVE ITS CASE
The judgment of HHJ Kelly (sitting as a judge of the High Court) in A Company, Re [2021] EWHC 2289 (Ch) concerns some intricate provisions of the Corporate Insolvency and Governance Act 2020 Ultimately, however it was a matter of…
TRIBUTE TO LORNA COLE, BARRISTER AND HEAD OF CHAMBERS: “INVINCIBLE”
Lorna Cole was called to the Bar in 1951 and was head of chambers at Hull for many years, she sadly died earlier this week. Richard Wright QC, Leader of the North-Eastern Circuit, sent out a tribute to her today…
SOLICITORS AND FUNDERS ENTITLED TO TERMINATE THEIR AGREEMENT: FORMER CLIENTS LIABLE TO PAY COSTS: WHEN LITIGATION GOES AWRY
The judgment of HHJ Cadwallader in Escalate Law Ltd & Anor v Kennedy & Anor [2021] EWHC 2232 (Ch) is an example of legal funders and solicitors falling out with their clients. The judge upheld the decision to withdraw from…
QUESTIONS TO EXPERT SHOULD HAVE BEEN PUT BEFORE THE TRIAL: THE WRITING MAY BE ON THE WALL FOR LATE CHALLENGES
For the second time in two days I am reporting on cases where judges made the point that issues relating to evidence should have been raised before trial. Yesterday Mr Justice Zacaroli held that issues in relation to disclosure should…
PROVING THINGS 214: SONGWRITING, COPYING AND DISCLOSURE: GIVE THEM A MINIM AND THEY’LL TAKE A MILE
An interesting issue as to proof and evidence arose in the decision of Mr Justice Zacaroli in Smith v Dryden & Ors [2021] EWHC 2277 (IPEC). The claimant failed to establish that a song had been “copied”. There are also…
LIMITATION, THE DATE OF KNOWLEDGE AND THE SECTION 33 DISCRETION: THE SINS OF THE LAWYER CANNOT NECESSARILY BE PASSED ONTO THE CLIENT
The judgment of Richard Hermer QC, sitting as a High Court Judge, in Wilkins v University Hospital North Midlands NHS Trust [2021] EWHC 2164 (QB) deals with several important elements of limitation in the context of clinical negligence. Firstly the…
MASTER WAS RIGHT TO SET ASIDE AN EXTENSION OF TIME FOR SERVICE OF THE CLAIM FORM: ANOTHER CLAIMANT’S ACTION BITES THE DUST
The judgment of Mr Justice William Davis in Qatar Investment And Projects Holding Co & Anor v Phoenix Ancient Art S.A. [2021] EWHC 2243 (QB) adds to the many, many, cases on this blog that deal with the dangers relating…
INCREASES IN HOURLY RATE AMOUNTS TO “SPECIAL REASONS” IN SOLICITORS ACT ASSESSMENT OF COSTS
In Raydens Ltd v Cole [2021] EWHC B14 (Costs) Costs Judge Leonard found that an increase in hourly rates meant that “special circumstances” established in a Solicitors Act assessment. “I do not believe that anyone in her position could reasonably…
DEFENDANT NOT LIABLE TO PAY THE COSTS OF DISPUTES OVER WHO SHOULD BE CLAIMANT’S LITIGATION FRIEND
In HR v Aneurin Bevan University Local Health Board [2021] EWHC 2195 (Admin) Mrs Justice Foster rejected an argument that the defendant should be liable to pay the costs incurred when there was a dispute in relation to the identity…
SERVICE OF THE CLAIM FORM: KEY CASES AND ISSUES 2021: A WEBINAR OF INTEREST TO ALL LITIGATORS
There appears to be no end of cases where claimants (and occasionally defendants) come to grief over issues relating to service of the claim form. A knowledge of the principles, and the reasons people often get it wrong, is essential…
WHEN A DEFENDANT DOES NOT TURN UP FOR TRIAL: THE RELEVANT CRITERIA CONSIDERED
In Van Zuylen v Whiston-Dew & Anor [2021] EWHC 2219 (Ch) Mr Nicholas Thompsell, sitting as a High Court Judge, considered the relevant criteria the court applies when a party fails to attend trial. The judgment also considers the relevant…
FATAL ACCIDENTS: DAY LONG (ONLINE) COURSE ON LAW, PRACTICE AND PROCEDURE: 12th NOVEMBER 2021
Alongside solicitor Hilary Wetherell I am presenting a day long course: Fatal Accidents: Law, Practice, Procedure and Compassion 2021. It is an online course on the 12th November 2021. Booking details are available here. THE COURSE This one day virtual…
SETTLEMENT AGREEMENT DISPLACED PART 36 RULES: BE CAREFUL WHAT YOU ARE OFFERING: TROUBLE AT SEA WHEN TWO RULES COLLIDE
The judgment of Clare Ambrose (sitting as a High Court judge) in Falcon Trident Shipping Ltd v Levant Shipping Ltd [2021] EWHC 2204 (Comm) held that a settlement agreed drafted after acceptance of a Part 36 offer displaced the provisions…
PROVING THINGS 213: CLINICAL NEGLIGENCE, WITNESS EVIDENCE AND MEDICAL NOTES
In Sheard -v- Cao Tri Do [2021] EWHC 2166 (QB) HHJ Robinson, sitting as a Judge of the High Court, had to consider competing witness evidence in the context of a medical negligence action. It is an example of the…
“ONE PAGE OUT” (BUT SOMETIMES MORE): ELECTRONIC BUNDLES GENERATE DIFFICULTIES- FAILURES COULD LEAD TO SANCTIONS
In Hodgson v Creation Consumer Finance Ltd [2021] EWHC 2167 (Comm) (29 July 2021) HHJ Pearce, sitting as a High Court Judge, made some observations about the problems caused by the pagination of electronic bundles. We have the familar problem…