RULE CHANGES IN APRIL 2023: UP TO £100,000 CAN BE PAID INTO COURT FOR A PROTECTED BENEFICIARY
Another change coming into force on the 6th April is an increase, to £100,000, that the court can order be paid into court for a protected beneficiary. This is, quite specifically, aimed to reduce the number of cases that come…
UPDATED VERSION OF THE DENTON RESOURCE: “A BUMPER CROP OF PROCEDURAL ERRORS”
The Sanctions Case Watch section of this blog has, for many years, included a link to the Denton Resource. A new edition of the Resource was published on the 7th February 2023 and it can be found here. THE DENTON…
CLAIMANT HAD NOT “WON” UNDER PART 36 WHEN SHE HAD NOT BEATEN THE DEFENDANT’S OFFER ON DAMAGES BUT MADE AN OFFER IN RELATION TO LIABILITY: “BAFFLING” ARGUMENTS FAIL TO PREVAIL
I am grateful to barrister James Laughland for sending me a copy of the judgment of Mrs Justice Collins Rice in Mundy -v- TUI UK Ltd [2023] EWHC 385 (CH)*. On appeal the judge rejected the claimant’s argument…
Fatal accidents series 2023 – Taking care of the client and yourselves: Webinar 1st March 2023: Essential viewing on St David’s Day
On the 1st March 2023 solicitor Hilary Wetherell is presenting the 5th webinar in the series on fatal accidents. Booking details are available here. The webinar deals at the practical steps that the lawyer can take to understand and help…
SPORTING INJURIES AND CIVIL EVIDENCE: WHEN THE DEFENDANT’S EXPERT CONCEDES THE CLAIMANT’S CASE IN CROSS-EXAMINATION
The judgment of Mr Justice Martin Spencer in Czernuszka v King [2023] EWHC 380 (KB) contains important observations in relation to the duty of care owed to those taking place in sporting activities. It also shows the important role of…
JUDGMENT OF A FINDING OF FUNDAMENTAL DISHONESTY – BUT THIS CASE GOES MUCH FURTHER: COLLUSION IS FOUND
In Khan -v- Aviva Insurance Ltd (15/11/2022) District Judge Lumb made a clear finding of fundamental dishonesty on the part of a personal injury claimant. That finding was confirmed, or perhaps compounded, by the judge’s views in relation to the…
YOU’VE INSTRUCTED THE WRONG EXPERT: AND THIS HAS MAJOR CONSEQUENCES
We are returning to the judgment of Mr Justice Ritchie in GKE v Gunning [2023] EWHC 332 (KB). This time to look at the judge’s observations on the claimant’s expert on liability. The judge observed that the claimant had instructed the…
THE NEW RULES ON QOCS 3: WHAT INFORMED COMMENTATORS ARE SAYING: & TWO USEFUL WEBINARS
In the third in this series I thought it would be useful to highlight what informed commentators are saying in relation the new rules. I have gathered a range of views below. I have taken some key comments, however reading…
A COURT CANNOT IMPOSE CONDITIONS ONCE IT HAS GIVEN UNCONDITIONAL PERMISSION TO APPEAL: THE DEADWEIGHT OF THE FINALITY PRINCIPLE PREVAILS
In National Iranian Oil Company v Crescent Petroleum Company International Limited & Anor [2023] EWHC 300 (Comm) Mr Justice Butcher refused an application for permission to appeal to be subject to a condition of payment into court. The court had…
APPLICATION FOR NON-PARTY COSTS ORDER DISMISSED: THIS TIGER HAD NO TEETH…
There have been a number of cases relating to non-party costs orders. The claimant’s application for such an order failed in Paper Mache Tiger Ltd v Lee Mathews Workroom PTY Ltd [2023] EWHC 338 (Comm). John Kimbell KC, sitting as…
VULNERABLE WITNESSES IN THE CIVIL COURTS: THE VULNERABLE WITNESS SHOULD NOT HAVE BEEN SHOWN CROSS EXAMINATION QUESTIONS IN ADVANCE:
There are relatively few cases relating to vulnerable witnesses in civil courts. In GKE v Gunning [2023] EWHC 332 (KB) Mr Justice Ritchie considered the terms of an order made to protect a vulnerable witness. Although the wording of the…
NO ORDER FOR COSTS WHEN AN APPLICATION HAD BEEN ADJOURNED DUE TO AN INAPPROPRIATE TIME ESTIMATE
In Harrington Scott Ltd v Coupe Bradbury Solicitors Ltd [2023] EWHC 294 (Ch) HHJ Hodge KC, sitting as a High Court Judge, decided that the costs of an application that was adjourned due to an inappropriate time estimate should not…
“THE FOUR WITNESS STATEMENTS ARE THE CAREFUL WORK OF A LEGAL TEAM”: JUDGE CRITICAL OF THE WAY STATEMENTS WERE PREPARED FOR TRIAL
There are many aspects of the judgment of Mr Justice Fancourt in Mackenzie v Rosenblatt Solicitors & Anor [2023] EWHC 331 (Ch) that are of interest to litigators. However here we look at the judge’s criticisms of the witness statements…
THE NEW RULES ON QOCS 2: WHAT THEY DO AND WHEN THEY DO IT FROM…
This is the second in the series that examines the new rules as to QOCS coming into force on the 6th April 2023. Here we look at the impact of the new rules and the date of implementation. …
RELIEF FROM SANCTIONS REFUSED FOLLOWING LATE SERVICE OF WITNESS STATEMENTS: RECOURSE TO HUMAN RIGHTS ARGUMENTS WERE TO NO AVAIL
In Bank of Scotland Plc v Hoskins [2023] EWHC 306 (Ch) HHJ Paul Matthews (sitting as a High Court Judge) refused an application for relief from sanctions following late service of witness evidence. The Defendant’s attempt to invoke Human Rights…
ENSURING EVERYTHING GOES RIGHT IN FATAL ACCIDENT CLAIMS: WEBINAR 22nd FEBRUARY 2023
On the 22nd February 2023 I am presenting a webinar on Fatal Accidents “Ensuring Everything Goes Right”. This looks at the problem areas that can arise in fatal claims and how to avoid them. Booking details are available here. THE…
THE JUDGE INTERRUPTED A BIT TOO MUCH… COURT OF APPEAL JUDGMENT
In Keane v Sargen & Ors [2023] EWCA Civ 141 the Court of Appeal commented that interruptions of the cross examination of a witness by the trial judge had not been helpful and, indeed, inappropriate. “I add a few words…
COST BITES 59: COSTS AGAINST THE CLAIMANT EVEN THOUGH THE DEFENDANTS’ APPLICATION WAS UNSUCCESSFUL: HOWEVER THE JUDGE FELT TOTALLY UNABLE TO RELY ON A COSTS SCHEDULE
Another example of costs not following the event can be seen in the judgment of Mrs Justice Smith in The Financial Conduct Authority v Papadimitrakopoulos & Anor [2022] EWHC 3048 (Ch). The judgment also raises other issues in relation to…
COSTS BITES 58: SUMMARY ASSESSMENT OF COSTS IN A PREMIER LEAGUE CASE: COSTS SHOULD NOT TOTALLY OVERSHOOT THE POST
There is an interesting decision as to costs in the judgment of Mr Justice Miles in The Football Association Premier League Ltd v Pattie & Ors [2023] EWHC 296 (Ch) in relation to the assessment of costs when a case…
COST BITES 57: ASKING THE JUDGE TO DETERMINE THE COSTS AFTER SETTLEMENT: YOU CAN’T ALWAYS GET WHAT YOU WANT (COURT OF APPEAL VERSION)
There have been some interesting decisions recently on issue based costs orders and costs not always following the event. In Tradition Financial Services Ltd v Bilta (UK) Ltd & Ors [2023] EWCA Civ 112 the Court of Appeal upheld a…