ESCAPING FIXED COSTS: KINGS CHAMBERS WEBINAR: 2nd NOVEMBER 2022

ESCAPING FIXED COSTS: KINGS CHAMBERS WEBINAR: 2nd NOVEMBER 2022

My colleagues Andrew Hogan and Paul Hughes are presenting a webinar on the 2nd November 2022 4 – 5pm on “escaping fixed costs”. The webinar is free. Booking details are available here. NB the live event is now “full”. It…

ONCE AGAIN: COMMENTARY AND COMMENT IN A WITNESS STATEMENT: IT NEVER HELPS (THE CLIENT) AND IS ALMOST ALWAYS HARMFUL

ONCE AGAIN: COMMENTARY AND COMMENT IN A WITNESS STATEMENT: IT NEVER HELPS (THE CLIENT) AND IS ALMOST ALWAYS HARMFUL

We see a familiar story in the judgment of HHJ Stephen Davies (sitting as a High Court judge) in Thomas Barnes & Sons Plc v Blackburn with Darwen Borough Council [2022] EWHC 2598 (TCC).  The witness statements of the claimant…

PROCEDURAL DEFAULTS IN JUDICIAL REVIEW PROCEEDINGS:  ADJOURNMENTS OF TRIALS AND APPARENT BIAS

PROCEDURAL DEFAULTS IN JUDICIAL REVIEW PROCEEDINGS: ADJOURNMENTS OF TRIALS AND APPARENT BIAS

I first looked at the judgment in Saunders v Bristol Magistrates Court [2022] EWHC 2544 (Admin) because my attention was drawn towards the sub-heading “Procedural Defaults”.   There were defaults.  However this facts of this matter are important in themselves.  …

RECENT CASES ON LOSS OF EARNINGS: WHAT YOU NEED TO KNOW: WEBINAR 21st NOVEMBER 2022

RECENT CASES ON LOSS OF EARNINGS: WHAT YOU NEED TO KNOW: WEBINAR 21st NOVEMBER 2022

I am presenting a webinar “Recent Cases on Loss of Earnings: What you need to know” on the 21st November. Booking details are available here. THE WEBINAR This webinar looks at recent cases in relation to loss of earnings and…

COST BITES 25: DEFENDANTS' CONDUCT LEADS TO COSTS BEING AWARD ON THE INDEMNITY BASIS

COST BITES 25: DEFENDANTS’ CONDUCT LEADS TO COSTS BEING AWARD ON THE INDEMNITY BASIS

Those who write “robust” letters of response to a letter before action may benefit from reading the judgment of Mr Justice Andrew Baker in Pisante & Ors v Logothetis & Ors [2022] EWHC 2575 (Comm).  The judge held that costs…

PROVING THINGS 240: CLAIMANT FAILS TO PROVE CAUSE OF AN ACCIDENT: PERMISSION TO APPEAL REFUSED

PROVING THINGS 240: CLAIMANT FAILS TO PROVE CAUSE OF AN ACCIDENT: PERMISSION TO APPEAL REFUSED

There are many edicts warning against reliance upon judgments that concern permission to appeal.  However the judgment of Mr Justice Fordham in  Harrison v TUI UK Ltd [2022] EWHC 2557 (KB) is of interest in the “Proving Things” series and…

WHAT GOES ON IN LEEDS STAYS IN LEEDS: ANOTHER MISSIVE FROM THE ADMINISTRATIVE COURT

WHAT GOES ON IN LEEDS STAYS IN LEEDS: ANOTHER MISSIVE FROM THE ADMINISTRATIVE COURT

In Bhimsinhji & Anor v Secretary of State for the Home Department (Determination as to Venue) [2022] EWHC 2556 (Admin) Mr Justice Fordham reiterated a point that has been made several times before in relation to venue for hearing in…

COST BITES 24: DEFENDANT SUCCESSFUL IN APPEAL AGAINST PART 7 COSTS IN CASE THAT SHOULD NOT HAVE LEFT THE PORTAL

COST BITES 24: DEFENDANT SUCCESSFUL IN APPEAL AGAINST PART 7 COSTS IN CASE THAT SHOULD NOT HAVE LEFT THE PORTAL

I am grateful to barrister James Miller for sending me a copy of the judgment of HHJ Bird in Lally -v- Butler (27th September 2022). The defendant successfully appealed an order that they were responsible for Part 7 costs rather…

COST BITES 23: CLAIMANT FAILS IN APPLICATION FOR DELIVERY OF A SOLICITOR'S BILL OF COSTS: CHAMBERLAIN BILLS HAD BEEN SENT; A SIGNATURE ON AN EMAIL WAS SUFFICIENT; ELECTRONIC DELIVERY COMPLIED WITH THE SOLICITORS ACT

COST BITES 23: CLAIMANT FAILS IN APPLICATION FOR DELIVERY OF A SOLICITOR’S BILL OF COSTS: CHAMBERLAIN BILLS HAD BEEN SENT; A SIGNATURE ON AN EMAIL WAS SUFFICIENT; ELECTRONIC DELIVERY COMPLIED WITH THE SOLICITORS ACT

In Elias v Wallace LLP [2022] EWHC 2574 (SCCO) Senior Costs Judge Gordon-Saker dismissed the claimant’s application for a delivery of a bill of costs. He found that (i) the bills delivered were “Chamberlain” bills and had sufficient information for…

UNSUCCESSFUL APPEAL: DEFENDANT REFUSED RELIEF FROM SANCTIONS

UNSUCCESSFUL APPEAL: DEFENDANT REFUSED RELIEF FROM SANCTIONS

Appealing a decision concerning relief from sanctions is always an uphill struggle.  This can be seen in the judgment of Mr Justice Zacaroli in Smith v Lloyd [2022] EWHC 2414 (Ch).  This was an unsuccessful appeal against a decision to…

PROCEDURAL AND EVIDENTIAL PROBLEMS WHEN REPRESENTING FOREIGN DEFENDANTS: WITNESSES COULD NOT GIVE EVIDENCE BY VIDEO LINK: AN INCORRECT TRANSLATION OF A REPORT HAD BEEN PROVIDED

PROCEDURAL AND EVIDENTIAL PROBLEMS WHEN REPRESENTING FOREIGN DEFENDANTS: WITNESSES COULD NOT GIVE EVIDENCE BY VIDEO LINK: AN INCORRECT TRANSLATION OF A REPORT HAD BEEN PROVIDED

The judgment of HHJ Howells in Evans v R&V Allgemeine Verischerung AG [2022] EWHC 2436 (QB) shows the difficulties that can occur when representing foreign defendants.   The defendant was not permitted to allow witnesses to give video evidence from abroad. …

A WEEK IS A LONG TIME IN POLITICS: FOUR WEEKS IS EVEN LONGER IN LAW: CLAIMANT REFUSED INJUNCTION BECAUSE THEY HAD NOT ISSUED PROCEEDINGS

A WEEK IS A LONG TIME IN POLITICS: FOUR WEEKS IS EVEN LONGER IN LAW: CLAIMANT REFUSED INJUNCTION BECAUSE THEY HAD NOT ISSUED PROCEEDINGS

In Hayes v Pack & Ors [2022] EWHC 2508 (KB) Mr Justice Johnson refused to grant an injunction.  The unusual nature of the application should not hide the fact that the application was refused because the claimant had failed to…

ADVOCATES SHOULD NOT SEND UNHERALDED SUBMISSIONS AFTER A HEARING: COURT OF APPEAL MESSAGE IN A POSTSCRIPT (NOW WITH A FURTHER CASE I HAD NOT THOUGHT OF EARLIER...)

ADVOCATES SHOULD NOT SEND UNHERALDED SUBMISSIONS AFTER A HEARING: COURT OF APPEAL MESSAGE IN A POSTSCRIPT (NOW WITH A FURTHER CASE I HAD NOT THOUGHT OF EARLIER…)

There is a postscript to the judgment of Lady Justice Elisabeth Laing in the case of MH (Eritrea), R (On the Application Of) v Secretary of State for the Home Department [2022] EWCA Civ 1296 discouraging the sending of unsolicited…

ONE DAY OUT - BUT STILL TOO LATE: WEBINAR ON SERVICE OF THE CLAIM FORM CASES IN 2022: 14th OCTOBER 2022: "RELIANCE ON NON-COMPLIANT SERVICE IS NOT ONE OF THE INSTANCES OF OPPORTUNISM DEPRECATED BY THE COURTS"

ONE DAY OUT – BUT STILL TOO LATE: WEBINAR ON SERVICE OF THE CLAIM FORM CASES IN 2022: 14th OCTOBER 2022: “RELIANCE ON NON-COMPLIANT SERVICE IS NOT ONE OF THE INSTANCES OF OPPORTUNISM DEPRECATED BY THE COURTS”

This webinar is of interest to all litigators.  It covers recent cases where there have been issues relating to the claim form. These cases involve litigation at every level, including the Court of Appeal, the Administrative Court, the High Court…

PRACTICE NOTE ON DISCLOSURE IN THE INSOLVENCY AND COMPANIES LIST - PART 8 CLAIMS

PRACTICE NOTE ON DISCLOSURE IN THE INSOLVENCY AND COMPANIES LIST – PART 8 CLAIMS

Chief Insolvency and Companies Court Judge Briggs issued a Practice Note on Disclosure in the Insolvency and Companies List on the 6th October 2022. It deals with issues relating to disclosure and Part 8 claims.  Part 8 claims are not…

COST BITES 22: CLAIMANT'S ARGUMENTS TO AVOID PAYING INDEMNITY COSTS FAIL TO FLY

COST BITES 22: CLAIMANT’S ARGUMENTS TO AVOID PAYING INDEMNITY COSTS FAIL TO FLY

In Optimares SpA v Qatar Airways Group QCSC [2022] EWHC 2507 (Comm) Mr Justice Calver ordered the unsuccessful claimant to pay the defendant’s costs on an indemnity basis. The fact that the defendant could have asked for a split trial…

A CLAIMANT NOT CLAIMING A CONTRIBUTION FROM THEIR PARTNER FOR HOUSING COSTS HAS NOT UNREASONABLY FAILED TO MITIGATE THEIR LOSS

A CLAIMANT NOT CLAIMING A CONTRIBUTION FROM THEIR PARTNER FOR HOUSING COSTS HAS NOT UNREASONABLY FAILED TO MITIGATE THEIR LOSS

An interesting point as to damages (and also as to evidence and pleadings) arose in the judgment in  Riley v Salford Royal NHS Foundation Trust [2022] EWHC 2417 (KB).  The claimant required accommodation as a result of his injuries. The…

"NO ORDINARY LITIGANT WOULD INCUR COSTS APPROACHING £50,000 IN ORDER TO RECOVER £3,000": DATA BREACH CASE TRANSFERRED FROM HIGH COURT TO SMALL CLAIMS TRACK

“NO ORDINARY LITIGANT WOULD INCUR COSTS APPROACHING £50,000 IN ORDER TO RECOVER £3,000”: DATA BREACH CASE TRANSFERRED FROM HIGH COURT TO SMALL CLAIMS TRACK

In Cleary v Marston (Holdings) Ltd [2021] EWHC 3809 (QB) Mr Justice Nicklin ordered a transfer of a data breach case from the High Court to the small claims track in the county court.   “It is important that claimants…

PROVING THINGS 239: THE APPROPRIATE APPROACH TO LOSS OF EARNINGS WHEN A CLAIMANT IS DISABLED

PROVING THINGS 239: THE APPROPRIATE APPROACH TO LOSS OF EARNINGS WHEN A CLAIMANT IS DISABLED

We are looking again at at the judgment of David Allan KC (sitting as a Deputy High Court Judge) in  Riley v Salford Royal NHS Foundation Trust [2022] EWHC 2417 (KB).  This time in relation to the claim for future loss…

PROVING THINGS 238: THE ABSENCE OF EVIDENCE ON LIFE EXPECTANCY LEADS TO A PREDICTABLE RESULT

PROVING THINGS 238: THE ABSENCE OF EVIDENCE ON LIFE EXPECTANCY LEADS TO A PREDICTABLE RESULT

There are several reasons I want to look at the judgment of David Allan KC (sitting as a Deputy High Court Judge) in  Riley v Salford Royal NHS Foundation Trust [2022] EWHC 2417 (KB). The first reason relates to the…