BOOK REVIEW: GUIDE TO ACCIDENTS AT WORK: BRETT DIXON: ESSENTIAL READING
Brett Dixon’s book is essential reading for all those involved in litigation relating to accidents at work. Much has happened since the previous edition in 2008 and this book deals with all the essential elements a litigator involved in this…
ANALYSIS OF BELSNER 3: THE COMMENTARY: A DOZEN POSTS TO THINK ABOUT
There is no shortage of commentary on the Belsner case. I have rounded up a dozen posts here. Unusually those representing both sides (and the intervenor) have given some commentary. I have set out the links below. TWO…
HALLOWEEN FOR LAWYERS: SCARY THINGS: RESURRECTING NIGHTMARES FROM THE PAST
Halloween may, and should, be more muted this year. I had planned to write a post on delays in the civil courts, which can be really scary. I will save this from another date. Instead I have resurrected contributions from…
COST BITES 28: APPEALING AGAINST AN ORDER FOR COSTS: THE MAJOR HURDLE INVOLVED AND THE RELEVANCE OF A NON-PART 36 OFFER TO SETTLE
In TMO Renewables Ltd v Yeo & Ors [2022] EWCA Civ 1409 the Court of Appeal dismissed an appeal against an order for costs. The case is a reminder of the difficulty in appealing a decision as to costs. Further…
ANALYSIS OF BELSNER 2: WELL THIS IS ALL A BIT BONKERS REALLY (2): “THE DISTINCTION BETWEEN CONTENTIOUS AND NON-CONTENTIOUS COSTS IS OUTDATED AND ILLOGICAL”
Continuing with the analysis of the judgment in Belsner v CAM Legal Services Ltd [2022] EWCA Civ 1387 we now look at the decision in relation to whether these were contentious or non-contentious costs. “the distinction between contentious and non-contentious…
ANALYSIS OF BELSNER 1: WELL – THIS IS ALL A BIT BONKERS REALLY
The first point that has to be made about the decision in Belsner v CAM Legal Services Ltd [2022] EWCA Civ 1387 relates to economics. The argument that took four days in the Court of Appeal was over a small…
COST BITES 27: WHAT DOES “PROCEEDINGS” MEAN: COURT OF APPEAL ALLOWS APPEAL IN RELATION TO QOCS AND A MIXED CLAIM
In Achille v Lawn Tennis Association Services Ltd [2022] EWCA Civ 1407 the Court of Appeal considered the meaning of the word “proceedings” in the costs of a claimant bringing a “mixed claim” for damages. It held that it was…
SECOND COURT OF APPEAL DECISION ON COSTS TODAY: A WARNING SHOT FIRED AFTER BELSNER
Fast on the heels of the judgment in Belsner today was the Court of Appeal decision in Karatysz v SGI Legal LLP [2022] EWCA Civ 1388, where a clear warning shot was fired in relation to the practice of seeking…
COURT OF APPEAL ALLOWS APPEAL IN BELSNER -V- CAM: DECISION CAN BE FOUND HERE
The Court of Appeal have allowed the appeal in Belsner -v- Cam Legal Services. The judgment [2022] EWCA Civ 1387 can be found here. I will conduct a detailed analysis of the decision in the near future. Here are the…
“HE LACKED THE NECESSARY EXPERTISE TO SUBSTANTIATE AND JUSTIFY HIS CONCLUSION”: A CASE WHERE NO SPECIFIC RELIANCE WAS PLACED ON AN EXPERT’S EVIDENCE
In Eaton v Auto-Cycle Union Ltd & Ors [2022] EWHC 2642 (KB) Mr Justice Turner was critical of the expert evidence called by the claimant. “Quite simply, he lacked the necessary expertise to substantiate and justify his conclusions. It…
FATAL ACCIDENTS 2023: SEEING THE CLIENT; UNDERSTANDING THE LAW; THE SCHEDULE: GETTING THINGS RIGHT: TAKING CARE OF YOUR CLIENTS AND YOURSELVES: A SERIES OF WEBINARS TO GUIDE YOU THROUGH IT
Alongside solicitor Hilary Wetherell we are presenting a series of webinars to take practitioners through the major elements of personal injury law, practice and procedure. Each webinar can be viewed as a stand alone webinar as well as being part…
COST BITES 26: DEFENDANT’S CONDUCT WAS FAR FROM PERFECT BUT DID NOT JUSTIFY AN AWARD OF INDEMNITY COSTS
In Evans v R&V Allgemeine Verischerung AG [2022] EWHC 2688 (KB) HHJ Howells (sitting as a High Court Judge) did not accept the claimant’s argument that the defendant’s conduct of the case was such that indemnity costs should be ordered….
WEBINAR ON CARE, AIDS & APPLIANCES CLAIMS AFTER MUYEPA -v- THE MINISTRY OF DEFENCE: 18th NOVEMBER 2022
I have already written three times about the judgment of Mr Justice Cotter in Muyepa v Ministry of Defence [2022] EWHC 2648 (KB). I have not explored in detail the important observations in that judgment in relation to claiming, and presenting,…
EXPERTS SHOULD CONSTANTLY REMIND THEMSELVES THROUGHOUT THE LITIGATION THAT THEY ARE NOT PART OF THE LITIGANT’S “TEAM”: JUDGE CRITICAL OF PARTISAN APPROACH
We are, again, mining the judgment of Mr Justice Cotter in Muyepa v Ministry of Defence [2022] EWHC 2648 (KB). This time in relation to the judge’s comments and findings in relation to the expert evidence, in particular the non-medical evidence…
FUNDAMENTAL DISHONESTY: WHERE 3% OF THE CLAIMED DAMAGES ARE AWARDED THE WHOLE CLAIM IS DEFINITELY TAINTED
We are returning to the judgment of Mr Justice Cotter in Muyepa v Ministry of Defence [2022] EWHC 2648 (KB). The judgment recounts the history and detail of the legislation and principles governing fundamental dishonesty before applying them to the facts…
WITNESS CREDIBILITY AND A FINDING OF FUNDAMENTAL DISHONESTY: “BUT WHAT OF THE MENDACIOUS WITNESS?”
In Muyepa v Ministry of Defence [2022] EWHC 2648 (KB) Mr Justice Cotter set out detailed considerations for assessing witness credibility. Here we look at the description of the process of analysing the credibility of the witnesses. “But what…
TWO ISSUES: WITNESS CREDIBILITY: ATTEMPTING TO RE-OPEN A JUDGMENT ON THE BASIS OF OMISSIONS IN THE JUDGMENT: ADVOCATES NEED TO CONSIDER THE POSITION CAREFULLY
There are two aspects of the judgment of Mr Justice Mostyn in Cazalet v Abu-zalaf [2022] EWFC 119 that are of general interest to litigators. Firstly the judge’s observations as to witness credibility. Secondly the observations in relation to re-opening…
“BOILERPLATE” STATEMENTS OF THE LAW MUST BE TREATED WITH CIRCUMSPECTION: COURT OF APPEAL DECISION
In A (Children) (Pool of Perpetrators), Re [2022] EWCA Civ 1348 Lady Justice King set out a note of warning about cases where agreed notes of the relevant law are relied on. It may be better for the law to…
OUR OLD FRIEND THE ABSENT WITNESSES: WHAT INFERENCES CAN AND SHOULD THE COURT DRAW? THREE DIFFERENT APPROACHES
We are returning to a decision looked and before, and a familiar issue to this blog, in looking again at the judgment HHJ Stephen Davies (sitting as a High Court judge) in Thomas Barnes & Sons Plc v Blackburn with Darwen…
JUDGE FINDS PROCESS BY WHICH EXPERT REPORT OBTAINED “SO FLAWED, AND THE MATERIAL ON WHICH IT IS BASED SO LIMITED AND CONJECTURAL THAT IT WOULD BE ENTIRELY WRONG FOR ME TO PLACE ANY WEIGHT ON IT WHATSOVER”
In de Renee v Galbraith-Marten [2022] EWFC 118 Mr Justice Mostyn commented on an expert report that one of the parties sought to introduce. The report had been obtained in breach of the rules. It did not comply with the…