A DRAFT JUDGMENT IS NOT AN INVITATION FOR A SECOND BITE OF THE CHERRY: HIGH COURT JUDGMENT TODAY

A DRAFT JUDGMENT IS NOT AN INVITATION FOR A SECOND BITE OF THE CHERRY: HIGH COURT JUDGMENT TODAY

In Shepherd & Co Solicitors v Brealey [2022] EWHC 3229 (KB) Mr Justice Cavanagh made some observations on the practice of making submissions once a judgment is sent out in draft.  This was not an invitation to the parties to…

ANOTHER QOCS AND PART 36 CASE: COURT MAKING ORDER UNDER PART 36 DID NOT LEAD TO QOCS PROTECTION BEING OUSTED

ANOTHER QOCS AND PART 36 CASE: COURT MAKING ORDER UNDER PART 36 DID NOT LEAD TO QOCS PROTECTION BEING OUSTED

In University Hospitals of Derby & Burton NHS Foundation Trust -v- Harrison [2022] EWCA Civ 1660 *  the Court of Appeal rejected the defendant’s argument that QOCS protection was lost when the court was called upon to make an order…

SHOULD AN ISSUE IN THE REPLY BE IN THE PARTICULARS OF CLAIM? A WORKING EXAMPLE

SHOULD AN ISSUE IN THE REPLY BE IN THE PARTICULARS OF CLAIM? A WORKING EXAMPLE

In Griffiths & Anor v Gilbert [2022] EWHC 3122 (TCC) HHJ Sarah Watson considered a pleading issue.  Should a point made in a Reply have been pleaded in the Particulars of Claim.  She held that, on the facts of that…