CIVIL LITIGATION 2023: A BRIEF REVIEW
I am not sure whether the facts and figures from this site can show any major trends in civil litigation. Here is a quick look back at some numbers from 2023. MOST VIEWED POSTS: THE TOP 10 (to date)…
OPENING LINES OF JUDGMENTS 2023: DRAGONS, VENUS, BOMBS, WAR AND THE BEAUTY OF NIDDERDALE (TO NAME JUST A FEW)
It is now too close to Christmas to write the traditional material of this blog. However it is a good time to review some of the best opening lines of judgments for 2023. If you feel I have missed some…
A CLAIMANT, ALLEGING FRAUD, IS NOT ENTITLED TO DELIBERATELY BREACH A COURT ORDER AND THE RULES OF COURT: HIGH COURT JUDGMENT GIVES LITIGATORS MUCH TO THINK ABOUT
Those who draft pleadings, particularly those alleging fraud and misconduct, have much to learn from the judgment of Mr Justice Johnson in AXA Insurance UK PLC v Kryeziu & Ors [2023] EWHC 3233 (KB). The fact that a party is…
COST BITES 129: WHY EVERYONE HAS TO UNDERSTAND THE INDEMNITY PRINCIPLE IN COSTS
In The Commissioner of Police of the Metropolis v Idreess Malik [2023] EWHC 3213 (Admin) the Administrative Court sets out a key reminder of the central importance of the indemnity principle in relation to the recovery of legal costs. The…
COST BITES 128: WHEN IT IS APPROPRIATE FOR THE JUDGE TO MAKE NO ORDER FOR COSTS
In Guy & Ors v Brake & Ors (Re Moratorium Cancellation Costs) [2023] EWHC 3179 (Ch) HHJ Paul Matthews (sitting as a High Court Judge) found that it was appropriate to make no order for costs in relation to an…
COURT REFUSES (VERY) LATE APPLICATION TO RELY ON A WITNESS STATEMENT
In Johnstone v Fawcett’s Garage (Newbury) Ltd [2023] EWHC 3010 (KB) HHJ Simon rejected the claimant’s application, to rely on a new witness. The application was made as a preliminary issue at trial, there was no formal application, there was…
SERIES OF WEBINARS ON DAMAGES: AVAILABLE AS A “BUNDLE” – OR ONE AT A TIME…
Next year I am presenting a series of eight webinars on personal injury damages. APIL is offering these as one off webinars, or the whole series can be subscribed to as a “bundle”. Booking details are available here. THE…
EXTENSIONS OF TIME TO SERVE THE CLAIM FORM SET ASIDE: YOU CANNOT HOLD ON: CARGO CLAIM COMES TO GRIEF
I clearly called time too early when I wrote, in a post on December 5, that we may the considering last claim form post of the year. We have another example of a claimant coming to grief in Doliaa SAS…
“SPEAKING NOTES” RARELY WELCOME BY THE COURTS: THE “SPECIAL CIRCLE OF HELL” RESERVED FOR SOME ADVOCATES…
There is an observation made in the final paragraph of the Privy Council judgment in Chang v The Hospital Administrator & Ors (Trinidad and Tobago) [2023] UKPC 44 that relates to “speaking notes”. They were, it seems, not altogether welcome. …
ISSUING ON BEHALF OF AN ESTATE WHEN THERE IS NO GRANT OF PROBATE: THE PROCEEDINGS WERE A NULLITY
The judgment of Master Brightwell in The Ali Abdullah Alesayi Will Establishment v Alesayi [2023] EWHC 3150 (Ch) provides a reminder of some important reminder of some important principles when issuing on behalf of the estate of a deceased person. …
ACCEPTANCE OF PART 36 DOES NOT DISPLACE FIXED COSTS – NOR WERE THERE “EXCEPTIONAL CIRCUMSTANCES”: CLAIMANT COMES TO GRIEF
I am grateful to Simon Fisher, Costs Lawyer, of DWF for sending me a copy of the judgment of District Judge Carter (as he then was) in the case of Bosley -v- Whitecroft, (County Court at Nottingham, 8th November 2023)…
COST BITES 127: DO THE GUIDELINE HOURLY RATES APPLY IN FAMILY PROCEEDINGS?
In H v GH [2023] EWFC 235 Simon Kolton KC (sitting as a Deputy High Court Judge) considered the question of whether the guideline hourly rates applied in family proceedings. He held that whilst, strictly, the rates may not apply…
COST BITES 126: THE SUMMARY ASSESSMENT OF COSTS: THE IMPACT OF HOME WORKING: CAN THE HOURLY RATES BE UPRATED ON THE BASIS OF WHERE THE FEE EARNER LIVES (AND WORKS)
There are several interesting aspects to the judgment of HHJ Matthews (sitting as a High Court Judge) in Otto & Ors v Inner Mongolia Happy Lamb Catering Management Company Ltd & Ors [2023] EWHC 3151 (Ch). In particular the consideration…
USING AI TO SEARCH FOR CASE LAW AND MAKE SUBMISSIONS: IT MAKES CASES UP – IT REALLY DOES
If ever there was a judgment where the clue is in the name it is Harber v Commissioners for His Majesty’s Revenue and Customs (INCOME TAX – penalties for failure to notify liability to CGT – appellant relied on case…
WHEN A SKELETON ARGUMENT TRIES TO INTRODUCE EXPERT EVIDENCE: AN APPROACH DEPRECATED BY THE COURT
We have seen many examples of witness statements trying to give expert evidence on this blog. There have been posts about occasional attempts to deal with lacunas in evidence by introducing that evidence in written submissions. In Re C (‘parental…
THIS MAY (OR MAY NOT) BE THE FINAL CLAIM FORM CASE OF 2023: CLAIMANT MAKES FUNDAMENTAL MISTAKE AS TO SERVICE, DEFENDANTS FAIL TO NOTICE IN TIME: THERE IS MUCH TO LEARN HERE…
There are lessons for both claimants and defendant litigators in the judgment of Master Teverson (sitting in retirement) in Simon Bain Building Services Ltd v Cardone & Anor [2023] EWHC 2916 (Ch). Firstly we see another error by the claimant…
CLAIMANTS’ SOLICITORS WERE ON NOTICE THAT AN EXPERT’S REPORTS COULD NOT BE RELIED UPON: THE ISSUE OF PROCEEDINGS WAS AN ABUSE OF PROCESS
We are returning to the judgment of District Judge Dawson in Jagger (& others) -v- Axa Insurance PLC, has enough material to keep this blog going for a month. (The judgment is available on a link from the Law Society Gazette here). …
WEBINAR ON CLINICAL NEGLIGENCE COSTS: KING CHAMBERS EVENT: 7th DECEMBER 2023
My colleagues Andrew Hogan and Kevin Latham are presenting a webinar on Clinical Negligence Costs on the 7th December 2023. Booking details are available here. THE WEBINAR In this timely seminar, Andrew Hogan and Kevin Latham will consider current issues in clinical negligence costs…
COST BITES 125:JOCKEYING FOR POSITION: ALLEGATIONS OF CONDUCT INCREASING COSTS – BUT THERE WAS NO DEDUCTION FROM SUCCESSFUL PARTY’S COSTS:
In Lifestyle Equities CV & Anor v Royal County of Berkshire Polo Club Limited & Ors [2023] EWHC 2923 (Ch) Mr Justice Mellor considered whether certain issues relating to the action meant that there should be a reduction of the…
NEW YEAR NEW HOURLY RATES: INDEXED LINK UPLIFT OF RATES FROM 1st JANUARY 2024: SEE THEM HERE
The Master of the Rolls has accepted the Civil Justice Council recommendations in relation to the increase of hourly rates. The rates will be increased from 1st January 2024 in accordance with the Services Producer Price Index. They will then…
CLAIM FORM SENT TO DEFENDANT’S OLD REGISTERED OFFICE NOT PROPERLY SERVED: CLAIMANT WAS NOT INSULATED AGAINST THE MISTAKES OF THEIR SOLICITORS
The judgment of District Judge Dawson in Jagger (& others) -v- Axa Insurance PLC, has enough material to keep this blog going for a month. (The judgment is available on a link from the Law Society Gazette here). I am…
SERVICE OF THE CLAIM FORM CASES: THE PAST 14 MONTHS: ANOTHER SEASON OF THE DREARY & UNLOVELY CROP OF PROCEDURAL SERVICE ISSUES: WEBINAR 5th FEBRUARY 2024
This year has seen a bumper number of reported cases on what Master McCloud has referred to as a “dry and unlovely crop of procedural service issues”. This webinar on the 5th February looks at the cases relating to the…
A KNOTTY PROBLEM: CAN THE COURT STAY PROCEEDINGS AND ORDER THE PARTIES TO ENGAGE IN ADR? YES IT CAN … BUT…
In Churchill v Merthyr Tydfil County Borough Council [2023] EWCA Civ 1416 the Court of Appeal considered the question of whether the courts can stay an action to, effectively, compel the parties to engage in ADR. It was held that…
GRIFFITHS -v- TUI: SUPREME COURT FINDS FOR THE CLAIMANT: THE TRIAL WAS UNFAIR: POINTS SHOULD HAVE BEEN PUT TO THE EXPERT
In a judgment today TUI UK Ltd v Griffiths [2023] UKSC 48 the Supreme Court overturned the decision of the majority of the Court of Appeal. It is an important decision on procedural fairness. In particular the duty of a…
PART 36 DOES NOT APPLY TO SOLICITORS ACT ASSESSMENTS: HIGH COURT DECISION (YESTERDAY)
In Zuhri v Vardags Ltd [2023] EWHC 3050 (SCCO) Costs Judge Leonard held that the provisions of CPR Part 36 do not apply to a Solicitors Act assessment of costs. However it may be relevant to Part 7 proceedings issued,…
EXPERTS IN THE COURTS IN 2023: WEBINAR 24TH JANUARY 2024: ESSENTIAL ISSUES FOR ALL LITIGATORS AND EXPERTS
Over the course of 2023 we saw many cases in which the conduct of experts and those who instruct them came under close scrutiny and criticism in the courts. I am presenting a webinar on the 24th January 2024 reviewing…
HELP WITH COURT FEES: NEW FORMS AND NEW ELIGIBILITY CRITERIA: WHERE TO FIND THE NEW GUIDANCE AND FORMS
A reminder that the financial eligibility criteria for help with court fees was changed from the 27th November 2023. There are also new court forms designed to make the process (which can be somewhat tortuous) simpler. Close-up of British bank…
COST BITES 124 : EARLY VIEW AS TO VALUE OF A PERSONAL INJURY CASE WAS NOT UNREASONABLE: DEFENDANT’S APPEAL DISMISSED
I am grateful to solicitor John McQuater for sending me a copy of the judgment of HHJ Sadiq in Drury -v- Yorkshire Aggregates Limited (a decision made in January this year, but the transcript has only just become available). It…
APPLICATION TO SET ASIDE DEFAULT JUDGMENT: THREE MONTHS DELAY IS NOT “PROMPT”: ABSENCE OF EVIDENCE AND A DRAFT DEFENCE DID NOT HELP
In Pincus v Singh & Anor [2023] EWHC 2997 (Ch) HHJ Paul Matthews refused a defendant’s application to set aside a default judgment. The defendant had waited for three months before making the application. There was no evidence in support…
THE NEED FOR COURT APPROVAL IN A FATAL ACCIDENT CASE INVOLVING CHILDREN: SUBSEQUENT ACTION FOR PERSONAL INJURY IS NOT AN ABUSE OF PROCESS
The judgment of Mr Justice Pepperall in Bayless & Ors v Norfolk and Norwich University Hospitals NHS Foundation Trust [2023] EWHC 2986 (KB) provides a warning, to both claimants and defendants, that offers under the Fatal Accidents Act, that involve…
COST BITES 123: COSTS OF BUDGETING REDUCED BY 25% TO REFLECT CLAIMANT’S UNREALISTIC BUDGET
In Reid v Wye Valley NHS Trust & Anor [2023] EWHC 2843 (KB) Master Brown reduced the recoverable costs of budgeting by 25% to reflect the unrealistic nature of the claimant’s budget. There are important issues here for those who…
RELIEF FROM SANCTIONS REFUSED WHEN THE COSTS BUDGET WAS SERVED LATE: BUDGETING AT TRIAL IS A FAIRLY HOPELESS TASK
There is much to learn from the decision of Mr Justice Ritchie in Tan v Idlbi & Anor [2023] EWHC 2840 (KB). The claimant was unsuccessful in an application for relief from sanctions following late service of the costs budget….
“PLEADINGS ARE INTENDED TO IDENTIFY THE ISSUES, NOT OBSCURE THEM”: COMMENTS ON STATEMENTS OF CASE: THEY SHOULD PROVIDE LIGHT NOT DARKNESS
There have been a number of cases recently where judges have commented on the state of the pleadings. We see observations being made by Mr Justice Ritchie in the decision today in DMH Electrical (UK) Ltd v MK City Group…
COSTS OF £50,000 ORDERED TO BE PAID BY LITIGATION FRIEND: “HE WILLINGLY TOOK ON THE ROLE OF LITIGATION FRIEND AND HIS PERFORMANCE HAS BEEN WHOLLY INADEQUATE”
In Y v Z [2023] EWFC 205 HHJ Edward Hess ordered that the litigation friend for the respondent pay, personally, the applicant’s costs caused by the need to adjourn a hearing. The respondent had not prepared at all for the…
COST BITES 122: THE APPROPRIATE ORDER FOR COSTS WHEN BOTH SIDES “WIN” AND BOTH SIDES “LOSE”: THE IMPORTANCE OF THE COSTS BUDGET
We are returning to an examination of costs orders made and their practical implications for the client. In Aymes International Ltd v Nutrition4u BV & Ors [2023] EWHC 2672 (Ch) HHJ Hodge KC (sitting as a High Court Judge) considered…
COST BITES 121: SUMMARY ASSESSMENT OF COSTS: “TO AWARD A LOWER FIGURE JUST BECAUSE REDUCTIONS ARE OFTEN MADE WOULD BE WRONG”
One of the aims of the “Costs Bites” series is to look at those, apparently small, aspects of cases that have a major impact on the client. Short passages in a judgment can have a major impact on whether a…
THE JUDGE WAS RIGHT TO REFUSE TO ALLOW A “NEW POINT” TO BE TAKEN ON APPEAL: DON’T FORGET PLEADINGS ARE STILL IMPORTANT…
In Azhar v All Money Matters t/a TFC Home Loans [2023] EWCA Civ 1341 the Court of Appeal rejected a defendant’s argument that it should have been permitted to raise a “new” point on appeal. The matter upon which the…
WHY DIDN’T YOU TELL ME THAT BEFORE WE WENT INTO COURT? THINGS LAWYERS LEARN HALF WAY THROUGH A TRIAL: A REPOST
The repost last week of a case where key facts came to light on the third day of a trial led me another post on the topic which is worth revisiting. After the first post was written I asked lawyers if…
THE THINGS YOU FIND OUT HALF WAY THROUGH A TRIAL… A CASE VERY MUCH TO POINT: A REPOST
As part of the process of re-blogging posts that remain of general interest we are looking again at the case of Jollah, R (On the Application Of) v Secretary of State for the Home Department (No. 2) [2017] EWHC 2821 (Admin)…
COURT REFUSES TO GRANT AN ORDER FOR A GROUP LITIGATION ORDER: INCORRECT PROCEDURE; COSTS AND “WHACK -A-MOLE” CONSIDERED
Several kind people have sent me a copy of the decision in Abbott & Ors v Ministry of Defence [2023] EWHC 2839 (KB). This is an unusual case because, despite the claimant and defendant being in agreement, the court did…
COST BITES 120: QOCS AND HIRE CHARGES: DECISION THAT CLAIMANT SHOULD PAY COSTS OUTSIDE QOCS OVERTURNED ON APPEAL
In Amjad v UK Insurance Ltd [2023] EWHC 2832 (KB) Mr Justice Ritchie overturned a decision that the QOCS cap should be lifted in relation to a claimant who had failed to beat the defendant’s Part 36 offer and who…
COST BITES 119: COSTS BUDGETING: DEFENDANT ALLOWED TO VARY ITS BUDGET TO INCLUDE COSTS ALREADY INCURRED OBTAINING SURVEILLANCE EVIDENCE
There is a report of an interesting decision of Master McCloud in Yelland -v- Space Engineering Services Ltd [2023] EWHC 2823 (KB). The report is from Sean Linley of Carter Burnett and can be read here. There is a link to…
DOES WHAT YOU WEAR MATTER? GUIDANCE FOR ADVOCATES AND LITIGANTS: ANOTHER ISSUE REVISITED
This is a part of the series revisiting previous posts. Here we go back to November 2018. The question was asked – does how you dress affect how you are perceived? This followed a tweet (from the USA) where a …
COST BITES 118: LOOKING AT DETAILED ASSESSMENT (5): RECORDINGS MADE BY SOLICITORS NEED NOT BE DISCLOSED ON SOLICITOR & OWN CLIENT ASSESSMENT
We are returning to the issue of detailed assessments, albeit solicitor and own client assessments. In Turner v Coupland Cavendish Ltd [2023] EWHC 2721 (SCCO) Costs Judge Rowley dismissed an application for disclosure of recordings of telephone conversations between the…
UNREALISTIC TIME ESTIMATES; FAILURE TO CHALLENGE AUTHENTICITY OF DOCUMENTS; INCORRECT USE OF TRANSLATED WITNESS STATEMENTS: ALL ADDS UP TO AN EXPENSIVE ADJOURNMENT
The short judgment of HHJ Mark Pelling KC in Hua She Asset Management (Shanghai) Co Ltd v Hung & Anor [2023] EWHC 2445 (Comm) highlights several things which have been the subject of many posts on this blog: (i) a…
COST BITES 117: THE COURT CAN ORDER A PAYMENT ON ACCOUNT OF COSTS WHERE THE SCHEDULE IS HIGH BUT NOT EXCESSIVE
In South Tees Development Corporation & Anor v PD Teesport Ltd & Anor (Re Costs) [2023] EWHC 2270 (Ch) Mr Justice Trower rejected an argument that a payment of account should not be made because the schedule in support was…
COST BITES 116: YOU CAN’T AVOID PAYING THE COSTS OF AN APPLICATION AND APPEAL JUST BECAUSE THEY WEREN’T IN THE COSTS BUDGET…
We have seen some “interesting” submissions in relation to costs on this blog. However one of the most novel is the point taken by the Third Party in South Tees Development Corporation & Anor v PD Teesport Ltd & Anor…
COST BITES 115: LOOKING AT DETAILED ASSESSMENTS (4): COSTS OF RESEARCH, NOTING BRIEFS AND PHOTOCOPYING
We are continuing with the series looking at detailed assessments by returning (not for the first, nor last) time to the judgment of Costs Judge Leonard in Allseas Group SA, R (On the Application Of) v Sultana [2023] EWHC 2731 (SCCO). The…
“RELIEF FROM SANCTIONS” NOT REQUIRED: COURT OF APPEAL CONSIDER WHEN CPR 3.9 CRITERIA APPLY: ITS NOT ALWAYS PLANE SAILING…
In Lufthansa Technik AG v Panasonic Avionics Corporation & Ors [2023] EWCA Civ 1273 the Court of Appeal addressed the difficult issue of when a breach led to a need to apply from relief from sanctions. It found that, on…
GOOD COSTS SERVICE: UPDATED GUIDANCE FROM THE LEGAL OMBUDSMAN
Solicitor and own client costs disputes have featured on this blog many times. There have been several major cases in recent months. The issue of the information given to the client and their understanding of how, and how much, they…
You must be logged in to post a comment.