PROVING THINGS 236: THE DANGERS OF ADOPTING A FORMULAIC, TICK BOX APPROACH TO EVIDENCE
The decision in Camfield & Ors v Uyiekpen & Anor (HOUSING – RENT REPAYMENT ORDER – evidence – pro forma witness statements) [2022] UKUT 234 (LC) is a working example of the dangers of “tick box” evidence. “This case…
CASES ON SERVICE OF THE CLAIM FORM IN 2022: WHAT LITIGATORS CAN, AND MUST LEARN FROM THEM: WEBINAR 14th OCTOBER 2022
2022 has seen some significant decisions in relation to service of the claim form, with many claimants coming to grief due to basic errors made when serving, or attempting to serve. This webinar “One Day Out” but still too late:…
IT IS THE CLAIMANTS’ JOB TO SERVE THE CLAIM FORM ON TIME: HIGH COURT REJECTS ARGUMENT THAT DEFENDANTS WERE ESTOPPED FROM TAKING THE POINT: CLAIMANTS’ OTHER ARGUMENT COME TO GRIEF
We are always seeing new ways in which mistakes are made in relation to service of the claim form. In Lonsdale & Ors v Wedlake Bell Llp & Ors [2022] EWHC 2169 (QB)the claimants agreed an extension of time to…
THE ROLE OF THE EXPERT WITNESS IN FINDING FACTS AND ASSESSING CREDIBILITY
The recent posts on the assessment of witness credibility led an expert witness to enquire whether it was the function of an expert to comment on issues relating to credibility. There have been a number of cases where judges have…
MORE ON WITNESS EVIDENCE: CREDIBILITY IS MORE THAN DEMEANOUR: PLAUSABILITY “IS ALSO THE HALLMARK OF THE CONFIDENCE TRICKSTER DOWN THE AGES”
The previous post looked at witness credibility and the Gestmin principles. Litigators will also benefit enormously from reading the talk given at Bristol University Law School in December 2014 by Mr Justice Mostyn “The Craft of Judging and Legal Reasoning”. …
WITNESS CREDIBILITY: A SUMMARY OF THE APPROACH IN GESTMIN
A post last week dealt with issues relating to the judicial assessment of credibility. Here we look at one aspect of that in more detail. That is the decision in Gestmin SGPS SA v Credit Suisse (UK) Ltd & Anor…
THE SOURCE OF INFORMATION AND BELIEF: AN ESSENTIAL ELEMENT OF ANY WITNESS STATEMENT: 10 KEY POINTS
This week the blog looks at some basic procedural issues. Today we are looking at witness statements, in particular the mandatory requirement that a witness give the source of their information or belief. There are many cases where this basic…
RELIEF FROM SANCTIONS APPLICATIONS: RE-VISITING THE BASICS: 10 POINTS TO IMPROVE THE ODDS:
It is now just over 8 years since the Denton decision. Cases in relation to relief from sanction are still being reported regularly. This is a good time to re-visit the advice given shortly after the case as to increasing…
COURT AWARDS CLAIMANT DAMAGES FOR HARASSMENT: FORTHCOMING WEBINAR ON THE LAW OF HARASSMENT AND THE PERSONAL INJURY LAWYER
In Thomas Hodson Hodson Developments Ltd v Person Unknown & Ors [2022] EWHC 1960 (QB) Mr Justice Jay awarded damages in a case where he found that the defendants had harassed the claimant. An award was made for general damages…
JUST BECAUSE A MATTER IS TECHNICALLY COMPLICATED DOES NOT MEAN THAT EXPERTS NEED ATTEND TRIAL
In Siemens Mobility Ltd v High Speed Two (HS2) Ltd [2022] EWHC 2190 (TCC) Mrs Justice O’Farrell considered an argument that the technical issues that arose in an action led to the need for experts to attend court. This argument…
WITNESS CREDIBILITY IN CIVIL LITIGATION: A REMINDER OF SOME KEY POINTS
Many, if not most, civil cases that get to trial rest on issues of witness credibility rather than issues of law. These are the cases and decisions that rarely make the law reports, but do reflect the underlying reality of…
AN EXPERT WHO TENDED TOWARDS BEING AN ADVOCATE: YOU SAID SOMETHING DIFFERENT IN ANOTHER CASE: THE NEED FOR A MEASURED RESPONSE
It may be indicative that there are such a large number of cases where judges have criticised experts for veering towards advocacy that I sometimes hesitate as to whether they merit writing about. However such a tendency was noted by…
COST BITES 15: DEPARTING FROM THE GUIDELINE RATES FOR SPECIALIST WORK DONE OUTSIDE LONDON
In Lappet Manufacturing Company Ltd & Anor v Rassam & Ors [2022] EWHC 2158 (Ch) Mr Justice Adam Johnson allowed a higher hourly rate for a solicitor working outside London. The rate allowed, for a Nottingham firm, was £350 an…
THE 10 YEAR LONGSTOP PERIOD IN PRODUCT LIABILITY CLAIMS: A POINT TO WATCH
There is one very tricky area of limitation law that I wanted to return to following the judgment in Coote -v- Ullstein [2022] EWHC 606 (QB). The case was looked at in detail here. However I want to concentrate on the…
FAILURE TO COMPLY WITH PROTOCOL LEADS TO COSTS OF A MEDICAL REPORT NOT BEING RECOVERED
I was informed recently that permission to appeal was refused in the case of Greyson -v- Fuller. I am grateful to Simon Fisher from DWF for sending me a copy of the decision in Glendining -v- McCarthy,* where DDJ Causton…
A CLIENT DOES NOT OWE A “DUTY OF GOOD FAITH” TO A SOLICITOR ACTING UNDER A CONDITIONAL FEE AGREEMENT
In Candey Ltd v Bosheh & Anor [2022] EWCA Civ 1103 Lord Justice Coulson rejected an argument that a client, who has entered into a conditional fee agreement with a solicitor, owed a duty of good faith to that solicitor. …
A SECOND APPEAL IN COMMITTAL PROCEEDINGS WAS AN ABUSE OF PROCESS, AND DISMISSED FOR THAT REASON
In Nambiar v Solitair Ltd [2022] EWCA Civ 1135 the Court of Appeal held that an appeal against a committal order should be struck out as an abuse of process. Prior to sentencing the appellant had issued an earlier, identical,…
PART 36 & COSTS: DEFENDANT COULD NOT SHOW INJUSTICE WHEN IT ACCEPTED A PART 36 OFFER OUT OF TIME: “PART 36 IS INTENDED TO BE A TWO-WAY STRAIGHT AND NARROW HIGHWAY”
In Holly Wright (& others) -v- Birmingham City Council District Judge Baldwin (sitting as Regional Costs Judge)* rejected an attempt by a defendant to obtain its costs where it accepted the claimants’ Part 36 offers late. The judge held that…
AN APPLICATION FOR COMMITTAL THAT WAS “WHOLLY FRIVOLOUS” AND “BORDERS ON VEXATIOUS”: CLAIMANT NOW REQUIRES PERMISSION TO BRING SIMILAR COMMITTAL PROCEEDINGS…
For the second time today I am writing about an injunction case which failed because the claimant had failed to prove compliance with an order for service. However this particular case has more sinister overtones. The claimant attempted to bring…
PROVING THINGS 235: PROVING SERVICE: COUNCIL’S WHOLESALE FAILURE TO SERVE CLAIM FORMS PROPERLY: ATTEMPTS AT PERSONAL SERVICE WERE A PREREQUISITE TO SERVICE BY ALTERNATIVE MEANS
An important point as to service of the claim form arose in the judgment of Mr Justice Nicklin in Thurrock Council v Stokes & Ors [2022] EWHC 1998 (QB). The claimant had issued proceedings against multiple defendants. It obtained an…