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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers, Leeds, Manchester & Birmingham. 4-5 Gray's Inn Square, London.
Browse: Home » 2022 » January
PROVING THINGS 225: PROVING THAT A SIGNATURE WAS FORGED: DIVORCE PROCEEDINGS WERE NEVER SERVED

PROVING THINGS 225: PROVING THAT A SIGNATURE WAS FORGED: DIVORCE PROCEEDINGS WERE NEVER SERVED

January 31, 2022 · by gexall · in Civil evidence, Witness statements

In  Randhawa v Randhawa (Divorce: Decree Absolute, Set Aside, Forgery) [2021] EWFC B96 HHJ Moradifar found that a signature on an acknowledgment of service had been forged. Consequently the decree of divorce that followed was set aside. THE CASE The…

SUING YOUR LAWYER: SOLICITORS NOT NEGLIGENT IN FAILING TO PASS ON COUNSEL'S VIEWS OR ADVISE ON  THE RISKS OF LITIGATION

SUING YOUR LAWYER: SOLICITORS NOT NEGLIGENT IN FAILING TO PASS ON COUNSEL’S VIEWS OR ADVISE ON THE RISKS OF LITIGATION

January 31, 2022 · by gexall · in Avoiding negligence claims, Professional negligence,

In  Mervyn Lambert Plant Ltd & Anor v Knights Solicitors [2022] EWHC 165 (QB) Dan Squires QC, sitting as a Deputy High Court Judge, rejected the claimant’s argument that his former solicitors had been negligent in failing to inform him…

10 MYTHS ABOUT LIMITATION THAT EVERY PERSONAL INJURY LAWYER SHOULD KNOW

10 MYTHS ABOUT LIMITATION THAT EVERY PERSONAL INJURY LAWYER SHOULD KNOW

January 30, 2022 · by gexall · in Avoiding negligence claims, Limitation

Here we look at ten “myths” (that is misconceptions) about limitation that can lead to personal injury litigators getting into difficulties.  This is not the first time these issues have been examined on these blog. However these continue to be…

A FINAL COSTS CERTIFICATE IS ESSENTIAL FOR COSTS TO BECOME DUE: THE BILL SHOULD HAVE BEEN SIGNED OFF...

A FINAL COSTS CERTIFICATE IS ESSENTIAL FOR COSTS TO BECOME DUE: THE BILL SHOULD HAVE BEEN SIGNED OFF…

January 28, 2022 · by gexall · in Assessment of Costs, Costs

In  Johnston -v-  Wackett [2022] EWHC 129 (Ch) Deputy Master Brightwell considered the question of whether costs become payable when a final costs certificate is not obtained.   “Even though most paying parties may in practice pay without the need…

THE DANGERS OF DISPUTING COSTS  (IT COULD COST YOU OVER £240,000...)

THE DANGERS OF DISPUTING COSTS (IT COULD COST YOU OVER £240,000…)

January 28, 2022 · by gexall · in Costs

The judgment of Mrs Justice Lambert in Radia v Marks [2022] EWHC 145 (QB) is also interesting reading in that it gives an insight into the assessment of costs in earlier proceedings.  It  highlights the dangers and costs of costs proceedings…

WITNESS EVIDENCE IN CLINICAL NEGLIGENCE CASES:  CRUCIAL FACTUAL FINDINGS MADE IN FAVOUR OF THE DEFENDANT

WITNESS EVIDENCE IN CLINICAL NEGLIGENCE CASES: CRUCIAL FACTUAL FINDINGS MADE IN FAVOUR OF THE DEFENDANT

January 28, 2022 · by gexall · in Civil evidence, Clinical Negligence, Webinar, Witness statements

It is surprising how many clinical negligence cases rest, ultimately, on findings of fact as to what was said.  An example can be seen in the judgment of Mr Justice Ritchie in  Watson v Lancashire Teaching Hospitals NHS Foundation Trust…

JUDICIAL REVIEW PROCEEDINGS SENT TO THE NORTH: LOCAL COURTS ARE BEST…

January 27, 2022 · by gexall · in Civil Procedure

In  Fortt, R (On the Application Of) v Financial Services Compensation Scheme Ltd [2022] EWHC 152 (Admin) Mr Justice Fordham ordered that judicial review proceedings be sent to Manchester rather than heard in London.  The judgment emphasises the importance of…

PUTTING A CAP ON THE COSTS OF A SINGLE JOINT EXPERT: AN UNHAPPY TALE WITH LESSONS TO BE LEARNT

PUTTING A CAP ON THE COSTS OF A SINGLE JOINT EXPERT: AN UNHAPPY TALE WITH LESSONS TO BE LEARNT

January 27, 2022 · by gexall · in Costs, Expert evidence, Experts

For the second time today I am writing about a case concerning a jointly instructed expert. In Loggie v Loggie [2022] EWFC 2 Mr Justice Mostyn had to determine who should pay the costs of an expert whose final costs…

NO DUTY OF CARE OWED BY A JOINTLY INSTRUCTED EXPERT (ON THE FACTS OF THIS CASE): EXPERTS GIVING EVIDENCE ABOUT BEING EXPERTS: MUCH TO READ HERE

NO DUTY OF CARE OWED BY A JOINTLY INSTRUCTED EXPERT (ON THE FACTS OF THIS CASE): EXPERTS GIVING EVIDENCE ABOUT BEING EXPERTS: MUCH TO READ HERE

January 27, 2022 · by gexall · in Credibility of experts, Expert evidence, Experts

The judgment of Mrs Justice Lambert in Radia v Marks [2022] EWHC 145 (QB) is essential reading for anyone who instructs experts in litigation. It is also essential reading for experts.  The judge dismissed a claim in negligence against a…

PROVING THINGS 224: PROVING LOSS OF EARNINGS: THE IMPORTANCE (& LIMITATIONS) OF THE CLAIMANT'S OWN EVIDENCE

PROVING THINGS 224: PROVING LOSS OF EARNINGS: THE IMPORTANCE (& LIMITATIONS) OF THE CLAIMANT’S OWN EVIDENCE

January 26, 2022 · by gexall · in Civil evidence, Damages, Webinar, Witness statements

The impairment of someone’s ability to earn their living is always a serious matter.  There are a number of approaches that the court can take to the award of damages.   Anyone representing a claimant should read McRae -v- Chase International…

COURT OF APPEAL ISSUE WARNING AGAINST EXCESSIVE COSTS (INCLUDING THE COSTS OF APPEALS)

COURT OF APPEAL ISSUE WARNING AGAINST EXCESSIVE COSTS (INCLUDING THE COSTS OF APPEALS)

January 26, 2022 · by gexall · in Appeals, Applications, Costs

In  The Public Institution for Social Security v Banque Pictet & Cie SA & Ors [2022] EWCA Civ 29 the Court of Appeal were concerned about the costs involved in litigation on what were, essentially, preliminary issues.  This included the…

CHANGES TO THE HIGHWAY CODE: WHERE TO FIND THEM AND WHY THEY ARE IMPORTANT TO LAWYERS (APART FROM THE FACT THAT LAWYERS, WALK, DRIVE AND RIDE LIKE EVERYONE ELSE?)

CHANGES TO THE HIGHWAY CODE: WHERE TO FIND THEM AND WHY THEY ARE IMPORTANT TO LAWYERS (APART FROM THE FACT THAT LAWYERS, WALK, DRIVE AND RIDE LIKE EVERYONE ELSE?)

January 25, 2022 · by gexall · in Personal Injury, Useful links

The Highway Code is changing on the 29th January 2022.   This has some relevance to lawyers. Here we look at the importance of the Highway Code, the significant changes, with links as to where to find the new rules and…

THE PROFOUND DIFFICULTIES IN REHEARING AN APPLICATION WHERE PERMISSION TO APPEAL WAS REFUSED: AN "EXCEPTIONAL JURISDICTION": NUMEROUS BITES OF THE CHERRY NOT EASILY ALLOWED

THE PROFOUND DIFFICULTIES IN REHEARING AN APPLICATION WHERE PERMISSION TO APPEAL WAS REFUSED: AN “EXCEPTIONAL JURISDICTION”: NUMEROUS BITES OF THE CHERRY NOT EASILY ALLOWED

January 25, 2022 · by gexall · in Appeals, Applications

In Dal v Bicknell & Anor [2022] EWHC 120 (Ch) Mr Justice Edwin Johnson considered the circumstances in which a party, refused permission to appeal, could seek to re-open the decision to refuse permission.  The cases in which that can…

THERE IS NO RIGHT TO AN IMMEDIATE ASSESSMENT OF COSTS AFTER A SPLIT TRIAL: HOWEVER THERE IS AN (8%) STING IN THE TAIL

THERE IS NO RIGHT TO AN IMMEDIATE ASSESSMENT OF COSTS AFTER A SPLIT TRIAL: HOWEVER THERE IS AN (8%) STING IN THE TAIL

January 25, 2022 · by gexall · in Assessment of Costs, Costs

The judgment of Costs Judge Leonard in  ABA v University Hospitals Coventry and Warwickshire NHS Trust [2022] EWHC B4 (Costs) highlights a point of costs and practice that is easily overlooked.  A successful party who is awarded costs in a…

STATEMENTS OF CASE, DRAFTING, DANGERS AND PITFALLS 2022: FORTHCOMING WEBINAR

STATEMENTS OF CASE, DRAFTING, DANGERS AND PITFALLS 2022: FORTHCOMING WEBINAR

January 24, 2022 · by gexall · in Statements of Case, Webinar

Recently we have looked at several cases where the importance of proper pleading was emphasises. For instance in Charles Russell Speechlys LLP v Beneficial House (Birmingham) Regeneration LLP [2021] EWHC 3458 (QB) the appeal was allowed, and the matter remitted…

APPLICATIONS TO AMEND: TOWER BLOCKS, FIRE SAFETY AND "FACTS" PLEADED IN THE DEFENCE: COURT OF APPEAL DECISION

APPLICATIONS TO AMEND: TOWER BLOCKS, FIRE SAFETY AND “FACTS” PLEADED IN THE DEFENCE: COURT OF APPEAL DECISION

January 24, 2022 · by gexall · in Amendment, Appeals, Statements of Case

In Mulalley & Co. Ltd v Martlet Homes Ltd [2022] EWCA Civ 32 the Court of Appeal upheld a decision that a claimant, seeking to amend its Particulars of Claim by referring to matters pleaded in the defence, was pleading…

WHAT HAPPENS AT A SUMMARY ASSESSMENT OF THE COSTS OF A TRIAL? ALSO THE COSTS AND INTEREST THAT FOLLOWS A PART 36 OFFER

WHAT HAPPENS AT A SUMMARY ASSESSMENT OF THE COSTS OF A TRIAL? ALSO THE COSTS AND INTEREST THAT FOLLOWS A PART 36 OFFER

January 24, 2022 · by gexall · in Assessment of Costs, Costs, Part 36

We have already looked at the judgment of HHJ Pearce (sitting as a High Court Judge) in The Huntsworth Wine Company Ltd v London City Bond Ltd [2022] EWHC 98 in relation to the construction of Part 36 offers.  This was…

A PART 36 OFFER CANNOT BE REDUCED BECAUSE OF A DEDUCTIBLE: AN INSURER IS BOUND BY THE TERMS OF THE OFFER IT MADE

A PART 36 OFFER CANNOT BE REDUCED BECAUSE OF A DEDUCTIBLE: AN INSURER IS BOUND BY THE TERMS OF THE OFFER IT MADE

January 24, 2022 · by gexall · in Part 36

I am grateful to solicitor John McQuater for sending me a copy of the decision in Denton -v- Ms Amlin Underwriting (County Court at Doncaster 6th August 2021). It relates to an insurer defendant attempting to deduct an excess figure…

THE NEED FOR VARIATION OF THE TONE OF CORRESPONDENCE IN LITIGATION: OUTRAGED OFFENCE AND BEING PASSIVE-AGGRESSIVE IS USUALLY OFF KEY

THE NEED FOR VARIATION OF THE TONE OF CORRESPONDENCE IN LITIGATION: OUTRAGED OFFENCE AND BEING PASSIVE-AGGRESSIVE IS USUALLY OFF KEY

January 23, 2022 · by gexall · in Civil evidence, Civil Procedure, Conduct

I am grateful to solicitor Richard Harrison for allowing me to reproduce his post on “The importance of tone in litigation”. This blog has looked, many times, at judicial criticism of intemperate correspondence. Richard’s observations here will strike a chord…

PROVING THINGS 223: PROVING A SUBSTANTIAL LOSS OF EARNINGS CLAIM (£1,206,053 TO BE EXACT)

PROVING THINGS 223: PROVING A SUBSTANTIAL LOSS OF EARNINGS CLAIM (£1,206,053 TO BE EXACT)

January 21, 2022 · by gexall · in Damages, Personal Injury

In  Palmer v Mantas & Anor [2022] EWHC 90 (QB)  Anthony Metzer QC (sitting as Deputy High Court Judge) awarded a claimant £1,206,053) in loss of earnings.  The judge found that the approach in Smith -v- Manchester was not an…

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