COURT ORDERS DISCLOSURE AGAINST HEALTHCARE SAFETY INVESTIGATION BOARD
In Turner & Anor Sheffield Teaching Hospital NHS Foundation Trust & Anor [2023] EWHC 3452 (KB) Master Brown allowed an application by the claimant for disclosure of statements made to the Healthcare Investigation Board. “A trial judge faced with deciding…
THE COSTS JUDGE OVER YOUR SHOULDER 2024: MAXIMISING RECOVERY IN INTER PARTES COSTS: WEBINAR 12th MARCH 2024
There have been a number of interesting decisions over the past 12 months which deal with the assessment of costs. This webinar, on the 12th March 2024, looks at those decisions and the issues relating to ensuring maximum recover of…
BOOKS ABOUT ADVOCACY: MUNKMAN ON THE TECHNIQUE OF ADVOCACY (A REPEAT)
Every litigator is an advocate, whether they know it or not. Litigation is fundamentally about the art of persuasion. This is a litigator’s daily task: in correspondence, on the phone, with the court. This is best done by the careful…
COST BITES 134: THE FACT THAT THE DEFENDANT HAD A COSTS ORDER IN ANOTHER ACTION WAS NOT GROUNDS FOR REFUSING AN INTERIM ORDER FOR COSTS
In Baldudak v Matteo (Re Costs) [2024] EWHC 301 (Ch) Mr Andrew Sutcliffe KC, sitting as a High Court Judge, made an order for a substantial interim payment of the claimant’s costs. He did not accept the defendant’s argument that…
APPEAL AGAINST COSTS BUDGETING DECISION ALLOWED: JUDGE SHOULD HAVE CONSIDERED THE RELEVANCE OF THE OPPONENT’S BUDGET (EVEN IF THAT BUDGET WAS AGREED)
In Woolley v Ministry of Justice [2024] EWHC 304 (KB) Mr Justice Kerr allowed an appeal against a costs budget and remitted it to another judge for reconsideration. The case shows the importance of a judge allowing a party to…
WEBINAR ON PERIODICAL PAYMENTS AND PROVISIONAL DAMAGES: RECENT CASES AND THE BASIC PRINCIPLES REVISITED: 19th FEBRUARY 2024
This webinar looks at recent cases in relation to periodical payments and periodical payments, including an interesting negligence case brought against solicitors who failed to claim provisional damages. It then looks at the law, practice and procedure relating to provisional…
THE DANGERS OF SERVING A NOTICE OF NON-ADMISSION: LEADS TO INDEMNITY COSTS BEING AWARDED
Another aspect of the judgment in Duke of Sussex & Ors v MGN Ltd (Re Costs) [2024] EWHC 274 (Ch) was the defendant’s conduct in serving a notice of non-admission. Service of the notice led to considerable extra costs being incurred. …
PART 36, WITNESS STATEMENTS, INDEMNITY COSTS AND CONDUCT: READ ALL ABOUT IT
In Duke of Sussex & Ors v MGN Ltd (Re Costs) [2024] EWHC 274 (Ch) Mr Justice Fancourt made some complex costs orders in relation to the litigation. However the fundamental point was that parties that the claimants that failed…
COST BITES 133: £196,000 AWARDED ON A SUMMARY ASSESSMENT (IN A FAMILY CASE)
The judgment of Mrs Justice Arbuthnot in KS v VS [2024] EWHC 278 (Fam) shows why it is important that family lawyers are fully aware of the principles relating to inter-partes costs orders and also the procedures governing summary assessments. …
PROVING THINGS 237: CLAIMANT FAILS TO PROVE ITS CASE, FAILS TO PROVE IT HAD SUFFERED DAMAGES HAD IT SUCCEEDED (SOMETHING ABOUT EXPERT EVIDENCE TOO)
In Hamsard One Thousand And Forty-Three Ltd v AE Insurance Brokers Ltd [2024] EWHC 262 (Comm) the claimant failed to establish its case. The judgment shows many issues with the claimant’s evidence, in particular the problems that flowed from issues…
ACCOMMODATION AND APPLIANCE CLAIMS – WEBINAR 15th FEBRUARY 2024
A webinar on the 15th February looks at accommodation and appliance claims in personal injury cases. Booking details are available here. THE WEBINAR Claims for accommodation and appliances are a major part of many serious claims. Here…
CLAIMANT’S APPEAL ALLOWED BECAUSE THE JUDGE FOUND FOR THE DEFENDANT ON A BASIS THAT WAS NOT PLEADED
I am grateful to barrister Tom Morris for giving me details of the judgment of Mr Justice Fancourt in Jacobs v Chalcot Crescent (Management) Company Ltd [2024] EWHC 259 (Ch). It is an important case about statements of case. The…
CHANGES TO THE FIXED COSTS RULES 2: 20 PAGES IN AN EXPERT’S REPORT DOES NOT MEAN 20 PAGES
Another change being introduced on the 6th April 2024 is a change (or possibly clarification) in relation to to the number of pages in an expert report in the Intermediate Track. The substantive report is still limited to 20 pages….
“TELL ME MORE, TELL ME MORE”: COURT OF APPEAL SENDS OUT CLEAR MESSAGE OF THE DANGERS OF SEEKING “CLARIFICATION” OF A JUDGMENT: IT MIGHT NOT GET YOU VERY FAR…
In YM (Care Proceedings) (Clarification of Reasons) [2024] EWCA Civ 71 the Court of Appeal issued a clear warning about the misuse of the practice of “seeking clarification” from the judge following a judgment. The decision is aimed specifically at…
PENAL NOTICES ON ORDERS – CHANGES COMING INTO FORCE ON THE 6th APRIL 2024: A SIGNIFICANT CHANGE BY THE USE OF THE WORD “BY”
Yesterday we looked at a case where the judge held it was inappropriate for the court to add a penal notice to an existing order. The rules relating to penal notices are changing on the 6th April as a result…
THIS WAS NOT AN APPROPRIATE CASE TO ADD A PENAL NOTICE TO AN ORDER: COURT WILL DETERMINE THE SUBSTANTIVE DISPUTE INSTEAD
In Wintermute Trading Ltd v Terraform Labs Pte Ltd [2024] EWHC 141 (KB) Mr Justice Lavender considered whether it was appropriate, on the facts of this case, to add a penal notice to an order for disclosure. He held that…
CHANGES TO THE FIXED COSTS RULE 1: WHEN CLINICAL NEGLIGENCE CLAIMS MUST BE ALLOCATED TO THE MULTI TRACK
There are a number of significant changes taking place to the fixed costs rules, coming into force on the 6th April 2024. These are introduced by The Civil Procedure (Amendment) Rules 2024. Here we look at the change to the…
WHAT HAPPENS WHEN THE JUDGMENT WAS NOT RECORDED? APPEAL PROCEEDS BY WAY OF A REHEARING
There are interesting issues considered in the judgment of Mr Recorder Adrian Jack in AS v AB [2024] EWFC 24. A party was appealing. The recording (and backup recording) failed to record the judge’s judgment and there was no agreed…
COST BITES 132: INTERIM PAYMENTS FOR COSTS AND COSTS OF A CONSEQUENTIAL HEARING
In Lifestyle Equities CV & Anor v Royal County of Berkshire Polo Club Limited & Ors [2023] EWHC 2923 (Ch) Mr Justice Mellor considered issues relating to an interim payment on costs and whether a consequentials hearing should be assessed…
DENTON WATCH 3: DENTON IN THE FAMILY COURTS
In TRC v NS [2024] EWHC 80 (Fam) Mrs Justice Lieven considered the issues relating to relief from sanction in the context of an appeal in the Family Court. She held that Denton principles applied. “… the stricter…