Civil Litigation Brief
Menu
  • Home
  • About
  • Copyright
  • Advertising Policy
  • Legal Disclaimer
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 » June » Page 2
"SUBSTANTIAL INJUSTICE" AND FUNDAMENTAL DISHONESTY: WE'LL KNOW IT WHEN WE SEE IT BUT WE DON'T SEE IT HERE: JUDGE'S DECISION NOT TO IMPOSE USUAL PENALTIES OVERTURNED ON APPEAL

“SUBSTANTIAL INJUSTICE” AND FUNDAMENTAL DISHONESTY: WE’LL KNOW IT WHEN WE SEE IT BUT WE DON’T SEE IT HERE: JUDGE’S DECISION NOT TO IMPOSE USUAL PENALTIES OVERTURNED ON APPEAL

June 20, 2022 · by gexall · in Appeals, Fundamental Dishonesty, Personal Injury, Uncategorized

In Woodger v Hallas [2022] EWHC 1561 (QB) Mr Justice Julian Knowles overturned a decision of the Circuit Judge that the usual principles of a finding of fundamental dishonesty should not apply to the claimant.  The judgment involves a consideration…

COSTS, INTEREST ON COSTS AND COSTS ON COSTS: SEE HOW THEY GROW: £65,000 BECOMES £185,000

COSTS, INTEREST ON COSTS AND COSTS ON COSTS: SEE HOW THEY GROW: £65,000 BECOMES £185,000

June 20, 2022 · by gexall · in Costs

There is a short passage in the judgment of HHJ Paul Matthews (sitting as a High Court Judge) in  Blacklion Law LLP v Amira Nature Foods Ltd & Anor [2022] EWHC 1500 (Ch) that shows one of the dangers of…

THINGS TO THINK ABOUT WHEN SIGNING A DOCUMENT ON BEHALF OF A CLIENT: A FEW CASES CONSIDERED

THINGS TO THINK ABOUT WHEN SIGNING A DOCUMENT ON BEHALF OF A CLIENT: A FEW CASES CONSIDERED

June 20, 2022 · by gexall · in Avoiding negligence claims, Civil Procedure, Witness statements

It is also useful to issue periodic reminders of the dangers that are involved when a solicitor signs a document on behalf of their client. Here we look at several cases and the rules themselves.   The observations of the…

VERY LATE APPLICATIONS FOR PERMISSION TO WITHDRAW ADMISSIONS REFUSED: ADMISSIONS MADE IN REPLY REMAINED BINDING

VERY LATE APPLICATIONS FOR PERMISSION TO WITHDRAW ADMISSIONS REFUSED: ADMISSIONS MADE IN REPLY REMAINED BINDING

June 20, 2022 · by gexall · in Admissions, Applications, Statements of Case

I am grateful to John De Waal QC for pointing out the procedural aspects of the judgment of Mr Justice Edwin Johnson in Valley View Health Centre (a firm) & Ors v NHS Property Services Ltd [2022] EWHC 1393 (Ch)….

THE RULES ABOUT WITNESS STATEMENTS "SHOULD NOT BE USED AS A WEAPON FOR THE PURPOSE OF BATTERING THE OPPOSITION": COMMONSENSE MUST BE USED: APPLICANT ORDERED TO PAY 75% OF THE RESPONDENTS' COSTS ON THE INDEMNITY BASIS

THE RULES ABOUT WITNESS STATEMENTS “SHOULD NOT BE USED AS A WEAPON FOR THE PURPOSE OF BATTERING THE OPPOSITION”: COMMONSENSE MUST BE USED: APPLICANT ORDERED TO PAY 75% OF THE RESPONDENTS’ COSTS ON THE INDEMNITY BASIS

June 17, 2022 · by gexall · in Applications, Civil evidence, Costs, Witness statements

In Curtiss & Ors v Zurich Insurance Plc & Anor (Costs) [2022] EWHC 1514 (TCC) HHJ Keyser QC (sitting as a Judge of the High Court) ordered the applicant to pay 75%  the respondents’ costs on the indemnity basis. The…

INDEMNITY COSTS NOT AWARDED WHEN A DEFENDANT REFUSED TO MEDIATE: HIGH COURT DECISION TODAY

INDEMNITY COSTS NOT AWARDED WHEN A DEFENDANT REFUSED TO MEDIATE: HIGH COURT DECISION TODAY

June 16, 2022 · by gexall · in Applications, Conduct, Costs, Mediation

In  Richards & Anor v Speechly Bircham Llp & Anor (Consequential Matters) [2022] EWHC 1512 (Comm) HHJ Russen (sitting as a High Court judge) refused an application for indemnity costs made on the basis that the defendants had refused mediation….

CAN A PARTY TO LITIGATION WITHHOLD THEIR ADDRESS FOR SERVICE?  COURT FINDS IT HAS A DISCRETION - BUT DECLINES TO EXERCISE IT

CAN A PARTY TO LITIGATION WITHHOLD THEIR ADDRESS FOR SERVICE? COURT FINDS IT HAS A DISCRETION – BUT DECLINES TO EXERCISE IT

June 16, 2022 · by gexall · in Civil Procedure

In  Axnoller Events Ltd v Brake & Anor (Possession and Eviction Proceedings) [2022] EWHC 1162 (Ch) HHJ Matthews (sitting as a High Court judge) considered the question of whether a party to litigation must give an address for service, whether…

APPEALS: POINTS OF LAW AND BUNDLES: LITIGANTS SHOWN THE YELLOW CARD: YOU CAN READ THE RULES HERE

APPEALS: POINTS OF LAW AND BUNDLES: LITIGANTS SHOWN THE YELLOW CARD: YOU CAN READ THE RULES HERE

June 16, 2022 · by gexall · in Appeals, Bundles, Written advocacy

In  Banks v Blount [2022] EWHC 1491 (QB) Mr Justice Ritchie was critical of an appellant for failing to comply with two basic elements of the practice directions relating to appeals.  The need for clarity and precision when referring to…

DAMAGES IN ANTICIPATION OF DEATH: WHEN THERE IS A REDUCED LIFE EXPECTANCY: WEBINAR 21st JUNE 2022

DAMAGES IN ANTICIPATION OF DEATH: WHEN THERE IS A REDUCED LIFE EXPECTANCY: WEBINAR 21st JUNE 2022

June 15, 2022 · by gexall · in Damages, Fatal Accidents, Webinar

This webinar looks at the difficult, but important, issue of how the courts award damages when a claimant has reduced life expectancy as a result of their injuries. Booking details available here.   TOPICS TO BE COVERED What is the…

SUMMARY ASSESSMENT OF COSTS: HOURLY RATE TOO HIGH AND LAWYERS SHOULD LEARN TO DELEGATE

SUMMARY ASSESSMENT OF COSTS: HOURLY RATE TOO HIGH AND LAWYERS SHOULD LEARN TO DELEGATE

June 15, 2022 · by gexall · in Assessment of Costs, Costs, Summary assessment,, Uncategorized

In Rushbrooke UK Ltd v 4 Designs Concept Ltd [2022] EWHC 1416 (Ch) HHJ Paul Matthews (sitting as a Judge of the High Court) considered the costs to be paid to a successful respondent.  The judge did not allow the…

"IT IS NOT FOR AN EXPERT TO DISREGARD THE INSTRUCTIONS THEY HAVE RECEIVED FROM THE COURT AND THE PARTY INSTRUCTING THEM AND TO THEREBY WHOLE SCALE IGNORE EVIDENCE WHICH DOES NOT SUPPORT THEIR OPINION" (ANOTHER CASE ON EXPERTS...)

“IT IS NOT FOR AN EXPERT TO DISREGARD THE INSTRUCTIONS THEY HAVE RECEIVED FROM THE COURT AND THE PARTY INSTRUCTING THEM AND TO THEREBY WHOLE SCALE IGNORE EVIDENCE WHICH DOES NOT SUPPORT THEIR OPINION” (ANOTHER CASE ON EXPERTS…)

June 15, 2022 · by gexall · in Expert evidence, Experts

We have another example of expert witnesses being criticised by the court in the judgment of HHJ Claire Jackson in Davies-Gilbert v Goacher [2022] EWHC 969 (Ch).   “it is not for an expert to disregard the instructions they have…

EXPERT WHO WALKED "ON THE PAVEMENT HAND IN HAND" WITH THE CLIENT: EXPERT WITH ALL THE HALLMARKS OF THE MENTALITY OF AN ADVOCATE

EXPERT WHO WALKED “ON THE PAVEMENT HAND IN HAND” WITH THE CLIENT: EXPERT WITH ALL THE HALLMARKS OF THE MENTALITY OF AN ADVOCATE

June 14, 2022 · by gexall · in Civil evidence, Expert evidence, Uncategorized

We have already looked at the judgment of Mr Justice Mostyn in Gallagher v Gallagher (No.2) (Financial Remedies) [2022] EWFC 53 in relation to costs.  There are some telling observations in that judgment in relation to the role of the expert…

INTERIM PAYMENTS AND THE LEVEL PLAYING FIELD: CLAIMANT OBTAINS PAYMENT DESPITE DEFENDANT'S CONCERNS

INTERIM PAYMENTS AND THE LEVEL PLAYING FIELD: CLAIMANT OBTAINS PAYMENT DESPITE DEFENDANT’S CONCERNS

June 14, 2022 · by gexall · in Applications, Interim Payments, Personal Injury

In Salwin v Shahed [2022] EWHC 1440 (QB) HHJ Pearce considered the appropriate sum to be paid to the claimant by way of interim payment. This case shows a very careful consideration of the “Eeles” criteria and the factors the…

"HOW IS IT THAT THESE EXORBITANT COSTS HAVE BEEN INCURRED?": A JUDICIAL LAMENT: FINANCIAL REMEDY LITIGATION HEADING FOR RITZ HOTEL STATUS

“HOW IS IT THAT THESE EXORBITANT COSTS HAVE BEEN INCURRED?”: A JUDICIAL LAMENT: FINANCIAL REMEDY LITIGATION HEADING FOR RITZ HOTEL STATUS

June 13, 2022 · by gexall · in Costs

In  Gallagher v Gallagher (No.2) (Financial Remedies) [2022] EWFC 53 Mr Justice Mostyn, expressed his concern about the costs incurred in a financial remedies case.  This is far from being the first time there has been judicial lament about the…

THE CHILD CLAIMANT AND FATAL ACCIDENT LITIGATION: WEBINAR 15th JUNE 2022

THE CHILD CLAIMANT AND FATAL ACCIDENT LITIGATION: WEBINAR 15th JUNE 2022

June 10, 2022 · by gexall · in Damages, Fatal Accidents, Webinar

This webinar looks at the problems and issues faced by a child who has suffered the loss of parents or carers.  It looks at the position when children are the sole claimants, have a dependency claim as part of a…

RESPONDENTS CANNOT BE ORDERED TO PAY THE COSTS OF OTHER RESPONDENTS WHEN THERE WAS NO DISPUTE BETWEEN THEM

RESPONDENTS CANNOT BE ORDERED TO PAY THE COSTS OF OTHER RESPONDENTS WHEN THERE WAS NO DISPUTE BETWEEN THEM

June 10, 2022 · by gexall · in Costs

In  Elser v Sands & Ors [2022] EWHC 1419 (Ch) Chief ICC Judge Briggs held that the court did not have power to order one respondent’s costs to be paid by other respondents.   There was nothing in dispute between them…

THE COMPENSATION RECOVERY UNIT, LISTED AND UNLISTED BENEFITS

THE COMPENSATION RECOVERY UNIT, LISTED AND UNLISTED BENEFITS

June 10, 2022 · by gexall · in Damages, Personal Injury, Webinar

I gave a webinar earlier today in relation to deductions from damages. One of the issues considered was the problems caused by Universal Credit.   There is an important distinction, in law, between “listed” benefits – which are subject to CRU…

COURT REFUSES RELIEF FROM SANCTIONS WHEN PARTICULARS OF CLAIM ARE SERVED OUT OF TIME: THE DANGERS OF LIVING IN THE "TWILIGHT ZONE" (AND OF LEAVING SERVICE UNTIL THE LAST MINUTE)

COURT REFUSES RELIEF FROM SANCTIONS WHEN PARTICULARS OF CLAIM ARE SERVED OUT OF TIME: THE DANGERS OF LIVING IN THE “TWILIGHT ZONE” (AND OF LEAVING SERVICE UNTIL THE LAST MINUTE)

June 9, 2022 · by gexall · in Applications, Relief from sanctions, Serving documents

In  Croke & Anor v National Westminster Bank Plc & Ors [2022] EWHC 1367 (Ch) Deputy Master Marsh refused the claimants’ application for relief from sanctions in a case where the Particulars of Claim were served one day late. It…

AN AGREEMENT TO PAY COSTS WAS TO PAY FIXED COSTS ONLY:NOT DISPLACED BY LATER "PART 36" OFFER:  DEFENDANT SUCCESSFUL ON APPEAL

AN AGREEMENT TO PAY COSTS WAS TO PAY FIXED COSTS ONLY:NOT DISPLACED BY LATER “PART 36” OFFER: DEFENDANT SUCCESSFUL ON APPEAL

June 8, 2022 · by gexall · in Appeals, Fixed Costs, Part 36

I am grateful to Simon Fisher from DWF for sending me a copy of the judgment of HHJ Luba QC, sitting with Costs Judge Rowley, in Soares -v- Wilson (27th May 2022). A copy of which is available Soares v Wilson…

DEFENDANT UNSUCCESSFUL IN SETTING ASIDE DEFAULT JUDGMENT: NO REASONABLE PROSPECT OF SUCCESS: DELAY WOULD HAVE LED TO APPLICATION BEING REFUSED IN ANY EVENT

DEFENDANT UNSUCCESSFUL IN SETTING ASIDE DEFAULT JUDGMENT: NO REASONABLE PROSPECT OF SUCCESS: DELAY WOULD HAVE LED TO APPLICATION BEING REFUSED IN ANY EVENT

June 7, 2022 · by gexall · in Applications, Setting aside judgment

In Al Nasser & Al Masri Trading Company WLL Ltd Co v Munir [2022] EWHC 1174 (QB) Master Sullivan refused an application to set aside a default judgment. This case shows the importance of having detailed evidence available if a…

← Previous 1 2 3 Next →

Copyright

© Gordon Exall, Civil Litigation Brief, 2013-2023. Unauthorised use and or duplication of the material contained on this blog without permission from this blog's author is strictly prohibited. Excerpts and links may be used, provided that full and clear credit is given to Gordon Exall and Civil Litigation Brief with appropriate and specific direction to the original content.

Subscribe to Blog via Email

Enter your email address to subscribe to this blog and receive notifications of new posts by email.

Join 31,047 other subscribers

Recent Posts

  • FUNDAMENTAL DISHONESTY FOUND WHEN AN INVOICE WAS DOCTORED: NOT EVERYTHING CAN BE SAID WITH FLOWERS
  • ITS OFFICIAL – THE BEST COSTS ADVICE YOU CAN GIVE TO A YOUNG LAWYER: READ IT HERE: CONTEST WINNER
  • DELAY BY THE CLAIMANT WAS NOT “WAREHOUSING” AND DID NOT LEAD TO A STRIKE OUT: A PARTY ALLEGING DELAY WAS ABUSE MUST ACT PROMPTLY
  • UNDERSTANDING THE LAW RELATING TO FATAL ACCIDENTS: WEBINAR 8th FEBRUARY 2023
  • CLAIMANT FAILS IN AN APPLICATION FOR WASTED COSTS AGAINST HIS OWN LAWYERS: HOWEVER THERE IS AN IMPORTANT LESSON HERE

Top Posts & Pages

  • FUNDAMENTAL DISHONESTY FOUND WHEN AN INVOICE WAS DOCTORED: NOT EVERYTHING CAN BE SAID WITH FLOWERS
  • ITS OFFICIAL - THE BEST COSTS ADVICE YOU CAN GIVE TO A YOUNG LAWYER: READ IT HERE: CONTEST WINNER
  • DELAY BY THE CLAIMANT WAS NOT "WAREHOUSING" AND DID NOT LEAD TO A STRIKE OUT: A PARTY ALLEGING DELAY WAS ABUSE MUST ACT PROMPTLY
  • CLAIMANT FAILS IN AN APPLICATION FOR WASTED COSTS AGAINST HIS OWN LAWYERS: HOWEVER THERE IS AN IMPORTANT LESSON HERE
  • WHAT IS THE BEST COSTS ADVICE YOU CAN GIVE TO A YOUNG LAWYER? THE ENTRIES

Blogroll

  • Coronavirus: Guidance for lawyers and businesses
  • Fatal Accident Law
  • Personal injury: Liability and Damages

Books

  • Munkman & Exall on Damages for Personal Injuries and Death 14th ed
  • The APIL Guide to Fatal Accidents 4th edition

Useful Links

  • Kings Chambers
  • Kings Chambers Costs & Litigation Funding
  • Kings Chambers Serious Injury
  • The Civil Procedure Rules
  • Website of 4 – 5 Gray's Inn Square
  • Website of 4-5 Gray's Inn Square, Catastrophic Injury Group
  • www.Bailii.org

Archives

Privacy & Cookies: This site uses cookies. By continuing to use this website, you agree to their use.
To find out more, including how to control cookies, see here: Cookie Policy

Copyright © 2023 Civil Litigation Brief

Powered by WordPress and Origin