TEMPORARY HALT TO USE OF CLAIMS PORTAL: PUBLIC ANNOUNCEMENT BY A TWEET… THESE CIVIL PROCEDURE RULES WILL NOT LONGER COME INTO EFFECT ON 2ND JUNE 2022
Practice Direction 51ZB was amended so that it would be compulsory for defendants to use the portal from the 2nd June 2022. However this has been delayed. A tweet from HM Courts and Tribunal Services made at 1.33 today…
AN INSURANCE PREMIUM WAS PROPERLY INCURRED: JUDGE, ON APPEAL, ALLOWS ATE COSTS TO BE DEDUCTED FROM CHILD’S DAMAGES
I am grateful to Express Solicitors for sending me a copy of a judgment of X -v- H&M Hennes, made by HHJ Lethem on 21st April 2022. It relates to the recoverability of an insurance premium between solicitor and client. …
DEFENDANTS WERE TOO LATE TO ACCEPT A PART 36 OFFER: THEIR APPLICATIONS FOR RELIEF FROM SANCTIONS ALSO DENIED
In Wirex Ltd v Cryptocarbon Global Ltd & Ors [2022] EWHC 1161 (IPEC) HHJ Hacon determined some interesting issues in relation to attempts to accept Part 36 offers late and relief from sanctions. THE CASE The claimants had obtained a…
ANOTHER CASE WHERE JUDICIAL REVIEW PROCEEDINGS WERE ISSUED IN LONDON BUT IT WAS TRANSFERRED TO LEEDS
In Fajr Ellis, R (On the Application Of) v Student Loans Company [2022] EWHC 1263 (Admin) Mr Justice Fordham held that judicial review proceedings, issued in London, should be transferred to the administrative court in Leeds. “In my judgment…
THE COURT DOESN’T LIKE MACHISMO, AGGRESSIVE LETTERS AND THE LIKE: HOWEVER A CLAIMANT STILL HAS TO GET ON WITH THINGS
There are some interesting observations about the conduct of litigation in the Court of Appeal judgment in Planon Ltd v Gilligan [2022] EWCA Civ 642. The court made it clear that it is alive to “machismo” methods of conducting litigation….
DEDUCTIONS FROM PERSONAL INJURIES DAMAGES AND CURRENT ISSUES WITH CRU: WEBINAR 10th JUNE 2022
This webinar looks at issues relating to deductions from damages, it will also cover recent issues relating to mitigation of loss. Booking details are available here. TOPICS TO BE COVERED Non-CRU benefits and deduction from damages What is the…
THE BURDEN IS ON THE SERVING PARTY TO SHOW A DOCUMENT HAS BEEN PROPERLY SERVED: SERVICE ON A RESPONDENT RESIDENT IN FRANCE HAD NOT BEEN ESTABLISHED: APPLICATION AGAINST THAT PARTY DISMISSED
In Camberley Group & Ors v Foster & Ors [2022] EWHC 1309 (QB) Richard Hermer QC, sitting as a Deputy High Court Judge, dismissed an application for disclosure from a non-party on the grounds that the claimant failed to establish…
THE PRACTICE DIRECTION SHOULD NOT BE TAKEN AS A WEAPON IN WHICH TO FILLET TWO OR THREE WORDS FROM A WITNESS STATEMENT: CLAIMANTS FAIL IN THEIR PITCH TO EXCLUDE EVIDENCE
In Lifestyle Equities CV & Anor v Royal County of Berkshire Polo Club Ltd & Ors [2022] EWHC 1244 (Ch) Mr Justice Mellor refused the claimants’ application to exclude or edit the defendants’ witness statements. “… in my view PD57AC…
FAILURE TO COMPLY WITH THE RULES LEADS TO PARTS OF A CLAIMANT’S WITNESS STATEMENT BEING STRUCK OUT: COMPLY WITH THE RULES – OR ELSE
In Primavera Associates Ltd v Hertsmere Borough Council [2022] EWHC 1240 (Ch) HHJ Paul Matthews, sitting as a judge of the High Court, struck out parts of the claimant’s witness statement due to its failure to comply with the rules. …
IS THE CCMCC BREAKING THE LAW ?THE DAMAGES PILOT AND CASES WHERE THE CCMC ARE REFUSING TO ISSUE PROCEEDINGS: WHAT IS THE RELEVANT DATE FOR LIMITATION PURPOSES?
I have come across several examples recently of the CCMCC refusing to issue claim forms on the basis that proceedings should have been issued online using the Damages Claim Pilot. In every case the papers have been returned wrongfully, the…
WITNESS DEMEANOUR: ARGUMENTS CONSIDERED BY THE COURT OF APPEAL
Occasionally I will use Twitter to tweet links to previous posts on this blog which may continue to be of interest. I did this recently in relation to a post on witness credibility and demeanour that I wrote in 2018….
THE COSTS JUDGE OVER YOUR SHOULDER: THINKING ABOUT DETAILED ASSESSMENT OF COSTS FROM THE OUTSET: WEBINAR 20th JULY 2022
The assessment of costs is a crucial stage in litigation. Detailed assessment usually takes place after attempts at settlement of costs have failed and there are some major differences between the parties. Relatively few litigators have experience of attending a…
“THE LADD -V- MARSHALL CRITERIA ARE CUMULATIVE”: RELIEF FROM SANCTIONS GRANTED BUT APPLICATION TO ADDUCE NEW EVIDENCE REFUSED: APPEAL ON JUDGE’S FINDINGS OF FACT FAILED
In Premier Experts London Ltd -v- Rajwani [2022] EWHC 1188 (QB) Sir Andrew Nicol refused the defendant’s application for permission to appeal. Relief was granted when new evidence was served late, however that evidence failed to satisfy the Ladd -v-…
PAYING PARTY REFUSED PERMISSION TO RELY ON LATE POINTS OF DISPUTE IN ASSESSMENT: DECISION UPHELD ON APPEAL
In Celtic Bioenergy Ltd v Knowles Ltd [2022] EWHC 1223 (QB) Mrs Justice Foster refused the defendant’s appeal in a case where a very late addition to the points of dispute had been refused by Master Campbell. The issues that…
JUDGE REFUSES TO STRIKE OUT ACTION ON THE BASIS OF “ILLEGALITY”: THE CLAIMANT WAS NOT CAPABLE OF COMMITTING “CRIMINAL” ACTS
For the second time today I am writing about a case where the court has refused to strike out a statement of case. In Lewis-Ranwell v G4S Health Services (UK) Ltd & Ors [2022] EWHC 1213 (QB) Mr Justice Garnham…
THE THIRD PARTY (RIGHTS AGAINST INSURERS) ACT 2010 AND THE DATE OF “ACTIONABLE DAMAGE”: COURT REFUSES TO STRIKE OUT THE CLAIMANT’S CASE
In the judgment today in Brooks v Zurich Insurance Public Ltd Co & Anor [2022] EWHC 1170 (QB) Master Davison refused an application to strike out an action against insurers under the provisions of the Third Party (Rights Against Insurers)…
WITNESS STATEMENTS WHEN THE WITNESS CANNOT SPEAK ENGLISH: “IT IS DOUBTFUL THAT HE IN FACT SIGNED THE STATEMENT”
In Borra v Commissioners for Her Majesty’s Revenue and Customs & Anor [2022] EWHC 1195 (Ch) ICC Judge Mullen considered the requirements of the Practice Direction in relation to a witness giving evidence in a foreign language. None of the…
PROVING THINGS 233: ASSESSING EVIDENCE AFTER 14 YEARS: THE CRUEL CONCEPT OF CAUSATION IN MEDICAL NEGLIGENCE
This blog has looked many times at issues relating to witness evidence and the judicial approach when hearing evidence of matters that happened a considerable time before trial. The difficulties are made clear in the judgment of HHJ Emma Kelly…
A TRIAL BUT NOT BY JURY: DEFENDANT’ APPLICATION FOR DEFAMATION TO BE DETERMINED BY JURY REFUSED
In Blake & Ors v Fox (Re Trial by Jury) [2022] EWHC 1124 (QB) Mr Justice Nicklin refused the defendant’s application for a jury trial of a defamation action. “… since the removal of the statutory presumption in s.69(1), jury…
PROVING THINGS 232: “THE RULES OF THE GAME OF ASSOCIATION FOOTBALL HAVE NOT BEEN DRAFTED WITH CIVIL LIABILITY IN MIND”: APPEAL LEADS TO OVERTURNING OF JUDGMENT ON FOOTBALLER’S NEGLIGENCE: A REMATCH IS ORDERED
In Fulham Football Club v Jones [2022] EWHC 1108 (QB) Mr Justice Lane allowed an appeal in a case where a footballer had found to be negligent when tackling an opponent. The judgment considers the issue of liability in the…