WHEN THINGS GO WRONG IN LITIGATION: SOME KEY POINTS AND SOME USEFUL LINKS
Earlier today I gave a webinar on “What to do when things go wrong in litigation”, this was immediately before I went to court to argue a case which, among other things, related to extensions of time to serve the…
“LITIGATION WISHFUL THINKING”: A REPEAT, BUT AN IMPORTANT ONE
In assessing a case, and the evidence of both sides, litigators have to be aware of the process of “litigation wishful thinking”. Witnesses may be perfectly honest, but their memories as to what happened are influenced by what they wish would have…
AVOIDING MISTAKES WHEN DRAFTING WITNESS STATEMENTS: WEBINAR 9th MAY 2024
Judges regularly complain that witness statements are inadequate and do not contain sufficient information, alternatively that they contain much information that is irrelevant and the witness is unable to give. This webinar looks at how practitioners can avoid basic errors…
MANCHESTER IS NOT THE APPROPRIATE VENUE FOR SOMETHING THAT HAPPENED IN NORFOLK: THE CASE GOES SOUTH…
In Bartosik, R (On the Application Of) v Office of the Police & Crime Commissioner for Norfolk [2024] EWHC 932 (Admin) Mr Justice Fordham held that the Administrative Court in Manchester is not the appropriate venue for a dispute over…
THE DANGERS OF RUNNING UP TO DEADLINES AND LEAVING MATTERS LATE FOR COMPLIANCE: DEFENDANT HAD FAILED TO FILE WITH COURT ORDERS: REFUSAL TO GRANT RELIEF FROM SANCTIONS UPHELD ON APPEAL
The judgment of Mr Justice Ritchie in Jaiyesimi v Kukoyi [2024] EWHC 164 (KB) has many important lessons for litigators. Firstly the need for the fee to be paid in order that an application is properly made. Secondly the dangers…
PROVING THINGS 238: TAX AND FILMS: A DANGEROUS MIX – BUT THE CLAIMANTS FAILED TO PROVE THEY HAD LOST ANYTHING
In Upham & Ors v HSBC UK Bank PLC [2024] EWHC 849 (Comm) Mr Justice Bright considered the losses said to be suffered by a number of claimants who had invested in a tax deferment scheme. Most of the claimants…
DEFENCE AND COUNTERCLAIM STRUCK OUT BECAUSE THE DEFENDANT RELIED ON WITHOUT PREJUDICE COMMUNICATIONS
In West v Churchill & Anor [2024] EWHC 940 (Ch) HHJ Keyser KC (sitting as a High Court Judge) struck out a defence and counterclaim that referred to without prejudice negotiations and correspondence. There had been no agreement reached between…
LAWYERS MUST LIKE LIVING DANGEROUSLY: APPLICATION MADE THREE MINUTES BEFORE DEADLINE: THE CLAIMANT SCRAPES HOME…
In Lloyds Developments Ltd v Accor HotelServices UK Ltd [2024] EWHC 941 (TCC) Mrs Justice Jefford considered a claimant’s application for an extension of time to comply with a peremptory order which was made 3 minutes prior to the time…
COST BITES 148: THE JUDGE WAS RIGHT TO ORDER COSTS TO BE PAID IMMEDIATELY AFTER A TRIAL ON LIABILITY
In Lorimer-Wing v Hashmi [2024] EWHC 931 (Ch) Mr Justice Edwin Johnson upheld a decision that a defendant should pay costs forthwith following a trial of a preliminary issue at which the claimant was successful. “The difficulty which confronts…
A SHOUT OUT FOR THE TECHNICAL CREW: BIG YELLOW WORKSHOP
A week or so ago this blog disappeared. Well the blog was still here but every word of content had gone. The technical problem that caused this was solved within hours by my friends at the Big Yellow Workshop. What…
WHAT TO DO WHEN THINGS GO WRONG IN LITIGATION: WEBINAR 30th APRIL 2024
This blog often looks at cases where litigation has gone wrong, be it limitation, service or someone falling foul of the rules or court orders. One of the saddest aspects of many of these cases is that if prompt and…
ATTEMPTS TO RE-OPEN ISSUES WHEN A DRAFT JUDGMENT IS SENT OUT: COURT OF APPEAL SAYS NOT AN INVITATION TO RE-ARGUE THE ISSUES
In Supponor Ltd & Anor v AIM Sport Development AG [2024] EWCA Civ 396 the Court of Appeal resisted attempts (by both parties) to re-open key issues after a draft judgment had been sent out. “The primary purpose of this…
A COURT CANNOT SIMPLY IGNORE AN UNCHALLENGED EXPERT REPORT: DOG SAVED BY THE ADMINISTRATIVE COURT
The significance of unchallenged expert evidence at court was considered by the Administrative Court in Fitzgerald v CPS [2024] EWHC 869 (Admin). Although this is a criminal case it considers the authorities in civil actions and the central point that…
TRYING TO SQUEEZE A PART 7 CASE INTO A PART 8 APPLICATION: DISPUTES OF FACT MAKE PART 8 UNSUITABLE
In ISG Retail Ltd v FK Construction Ltd [2024] EWHC 878 (TCC) Neil Moody KC, sitting as a Deputy High Court Judge, considered the question of whether a case was suitable for Part 8 determination. He decided that there were…
PROCEDURE, DAMAGES, LIABILITY, COSTS AND LIMITATION: A SERIES OF WEBINARS THIS YEAR AIMING TO HELP AVOID OR DEAL WITH PROBLEMS IN LITIGATION
The issues arising from many of the cases looked at on this blog are being considered in a series of webinars starting later this month. The webinars cover many of the problem areas of litigation: what to do when things…
WHEN CAN A CLAIM FORM INCLUDE MULTIPLE PARTIES? COURT OF APPEAL REACH BACK TO THE OLD RULES TO HELP
Yesterday I wrote about a case where a judge made strict case management orders in an attempt to deal with an action brought by multiple claimants. The issue of multiple parties was considered today by the Court of Appeal in…
DEFENDANT GIVEN PERMISSION TO WITHDRAW FROM ADMISSION MADE IN THE PORTAL: ON CONDITION THAT INTERIM PAYMENTS WOULD NOT BE REPAID
I am grateful to solicitor Stratos Gatzouris from DWF law for sending me a copy of the judgment of HHJ Catherine Brown in the case of Jerrom -v- Serco Leisure Operating Ltd (Canterbury County Court 12th February 2023). It is an…
TOO MANY PARTIES CAN INCUR THE COURT’S WRATH: THE DIFFICULTIES IN PLEADING A CASE WHERE THERE ARE MULTIPLE CLAIMANTS
In Niprose Investments Ltd & Ors v Vincents Solicitors Ltd (Professional negligence) [2024] EWHC 801 (Ch) HHJ Hodge KC (sitting as a High Court Judge) considered some of the issues where 35 claimants attempted to plead their claim on one…
COST BITES 147: WHO IS THE SUCCESSFUL PARTY? WHAT SUMS SHOULD BE DEDUCTED FOR LOSING ON CERTAIN POINTS? DOES A CALDERBANK OFFER MATTER?
In South Tees Development Corporation & Anor v PD Teesport Ltd [2024] EWHC 842 (Ch) Mr Justice Rajah determined issues relating to the costs of an action where the defendant had been largely successful. A Calderbank offer from the Defendant,…
SERVICE OF THE CLAIM FORM AND SUBMISSIONS TO THE JURISDICTION: SOMETHING ABOUT RELIEF FROM SANCTIONS TOO
In Moonbug Entertainment Ltd v CCM Touring LLC & Anor [2024] EWHC 793 (Comm) Mr Justice Andrew Baker found that the defendants had submitted to the jurisdiction by their conduct. Further the defendants required relief from sanctions. The judge held…
DEFAULT JUDGMENT AGAINST SOME, BUT NOT ALL, DEFENDANTS: WHEN SHOULD THE COURT ENTER JUDGMENT FOR A SPECIFIED SUM?
In Justice Investments Ltd v Visalia Enegia SL (t/a Nace) [2024] EWHC 815 (KB) Master Dagnall considered the question of whether judgment in default should be entered for a specified sum. The Master held that the fact that the claimant…
COST BITES 146: LITIGANT IN PERSON (USING DIRECT ACCESS COUNSEL) WAS TO FILE A COSTS BUDGET
In Cotham School v Bristol City Council & Ors (Ruling on Costs Budgeting) [2024] EWHC 824 (Ch) HHJ Paul Matthews (sitting as a High Court Judge) stated that a litigant in person was to provide a costs budget. The litigant…
COST BITES 145: AGENCY SHOULD PROVIDE A BREAKDOWN OF FIGURES FOR COST OF A MEDICAL REPORT: “ANY AJUDICATION ON PROPORTIONALITY, IN ALL ITS COMPONENT PARTS, DEMANDS TRANSPARENCY”
I am grateful to barrister James Miller for sending me a copy of the decision of HHJ Saggerson in Amini-Edu -v- Esure Insurance Company Ltd (8th March 2024). A copy of the transcript is available here. ENA AMINU-EDU COSTS JUDGMENT…
COST BITES 144: SUMMARY ASSESSMENT, REDUCED FROM £42,267 TO £22,000: A CASE IN POINT
One of the aims of this series is to look at costs issues that would not normally be examined. This is so practitioners can get a “feel” as to what actually goes on in court. A good example of this…
THE KEY CASES IN FATAL ACCIDENT DAMAGES: WEBINAR 19TH APRIL 2024
The means of assessment of fatal accident damages is not set out in the Fatal Accident Act, but is set out in case law. A knowledge of the case law is essential to all those involved in fatal accident litigation. …
THE GUIDELINE HOURLY RATES: SEE THEM HERE: UPDATED FOR 2025 RATES
The Guideline Hourly Rates changed on 1st January 2025. These are set out below. The 2024 rates can be found underneath. Guideline hourly rates 2025 Grade Fee earner London 1 London 2 London 3 National 1 National 2 A Solicitors…
COURT WOULD NOT SET ASIDE FINAL ORDER FOR DIVORCE CAUSED BY A SOLICITORS ERROR: IT IS MORE THAN A SIMPLE CLICK OF A MOUSE
In Williams v Williams [2024] EWHC 733 (Fam) Sir Andrew McFarlane refused to set aside a final divorce order when the order had been made due to a mistake by the applicant’s solicitors. It is a clear example of the…
FUNDAMENTAL DISHONESTY: “SUBSTANTIAL INJUSTICE” CONSIDERED IN DETAIL: HIGH COURT DECISION TODAY
In the judgment given today in Williams-Henry v Associated British Ports Holdings Ltd [2024] EWHC 806 (KB) Mr Justice Ritchie dismissed the claimant’s claim as being fundamentally dishonest. The judgment contains a detailed consideration of the issues relating to the…
COST BITES 143: JUDICIAL OBSERVATIONS ON THE COSTS OF FAMILY LITIGATION DISPUTES: KING LEAR IS A TRAGEDY AND ALL WILL NOT END WELL
There have been two cases recently where the courts have made comments about the costs of litigation in disputes between family members. Whilst the participants may each think themselves more sinned against than sinning, it is always prudent to consider…
COST BITES 142: COSTS ON AN UNSUCCESSFUL APPLICATION TO APPEAL IN A FAMILY CASE
I keep intending to write more about issues of costs in family cases. Not because I want to delve into the intricacies of family law, but because issues of costs have major ramifications for both the clients and practitioners. Even…
TRIALS BY JURY IN CIVIL CASES: THE RULES AND CASES CONSIDERED
In Taylor v Savik & Anor [2024] EW Misc 15 (CC) HHJ Paul Matthews considered the question of whether a jury trial should be ordered in a civil trial. The judgment contains a detailed consideration of the legislation and case…
ARTIFICIAL INTELLIGENCE IN THE COURTS: SELECTED HIGHLIGHTS FROM THE JUDICIAL GUIDANCE
We have looked before at problems caused by Artificial Intelligence being used in court. It is worthwhile looking at the Courts and Tribunals Judiciary publication “Artificial Intelligence (AI) Guidance for Judicial Office Holders. It shows some of the dangers in…
WITNESS STATEMENTS AND WITNESS EVIDENCE: WHEN LAWYERS CAN BE THEIR OWN WORSE ENEMIES: “THE ABSENCE OF SUCH EVIDENCE IS IN THE NATURE OF A DEAFENING SILENCE”
There are numerous, indeed hundreds, of posts on this blog that deal with the difficulties that can arise in relation to witness statements and witness evidence. Often it is a failure to address basic and fundamental points in relation to…
BE CAREFUL WHAT YOU WRITE: THE SUPREME COURT MAY READ IT ONE DAY (AND IT MAY END UP ON A BLOG SOMEWHERE…): A REPEAT
Recent social media interest in a post I first wrote in April 2017 has led me to repeat it. The post concerned an aspect the Supreme Court decision in Times -v- Flood [2017] UKSC 33 that did not made the…
AN INTERESTING JUDGMENT ON LIMITATION: CHEQUES, PAYMENT AND DEMAND: SECOND DEMAND DOES NOT RE-OPEN THE LIMITATION PERIOD
In Agia v Skipton Building Society [2024] EW Misc 14 (CC) HHJ Malek considered a novel point relating to limitation. A limitation period cannot be “re-opened” by a customer making a demand on a bank many decades after a cheque…
THE PROFOUND LACK OF WISDOM IN SIGNING STATEMENTS OF TRUTH ON BEHALF OF YOUR CLIENT: A REPEAT
The post earlier this morning about witness evidence in a case where the Particulars of Claim had been signed by a solicitor has raised some interesting observations. Not least commentators have observed that it is, to say the least, profoundly…
WHEN WITNESSES TOTALLY CHANGE THEIR EVIDENCE AT TRIAL: A CASE IN POINT
In Advantage Insurance Company Ltd v Harris [2024] EWHC 626 (KB) HHJ Russen KC (sitting as a High Court Judge) found that a claimant in a personal injury action had been in contempt of court for making false statements. It…
FATAL ACCIDENT CLAIMS: ENSURING EVERYTHING GOES RIGHT : WEBINAR 11th APRIL 2024
This webinar is designed to ensure that litigators avoid the potential pitfalls of fatal accident litigation and take positive steps to ensure an action runs smoothly. Booking details are available here. MATTERS THAT ARE COVERED Limitation in fatal cases…
COST BITES 141: INTEREST ON COSTS: PREJUDGMENT INTEREST ALLOWED; POST JUDGMENT INTEREST DEFERRED FOR A PERIOD
In Asturion Foundation v Alibrahim [2024] EWHC 757 (Ch) Mr Justice Adam Johnson made two decisions in relation to interest on costs. He awarded pre-judgment interest on costs at 2% above base rate (it was calculated that the interest amounted…
PRACTICE DIRECTION AMENDMENTS COMING INTO FORCE 6th APRIL 2024 (2) VAT AND COUNSEL’S FEES
The 165th update to the Practice Direction comes into force on the 6th April 2024, alongside the 163rd amendment looked at in the previous post. The amendments can be found here. This Practice Direction deals with adding VAT to fixed…
THE 163rd UPDATE TO THE PRACTICE DIRECTIONS: COMING INTO FORCE ON THE 6th APRIL 2024 (1)
There are a number of amendments to Practice Directions coming into force on the 6th April 2024. Details of the 163rd update can be found here. OVERVIEW By way of overview the amendments relate to Civil restrain orders. (New…
COST BITES 140: WANT TO SEE SUMMARY ASSESSMENT IN ACTION: “MANIFESTLY EXCESSIVE” COSTS SUBSTANTIALLY REDUCED EVEN WHEN COSTS WERE BEING ASSESSED ON THE INDEMNITY BASIS
In Alvina Collardeau v Michael Fuchs & Anor [2024] EWHC 642 (Fam) Mrs Justice Knowles summarily assessed the costs a committal application. The judgment is an interest example of the summary assessment of costs, with substantial reductions being made to…
PART 36: NORMAL CONSEQUENCES OF FAILING TO BEAT OFFER MADE – REGARDLESS OF FINDINGS OF MISCONDUCT IN THE CONDUCT OF THE LITIGATION
In ABFA Commodities Trading Ltd v Petraco Oil Company SA (Re Consequential Matters) [2024] EWHC 706 (Comm) Mr Justice Foxton found that the normal Part 36 consequences should follow when a party (the effective claimant in the action) had beaten…
WHEN SKELETON ARGUMENTS ARE MEASURED AS A PERCENTAGE OF THE LENGTH OF WAR AND PEACE: IT HINDERS RATHER THAN HELPS YOUR CASE
Following a recent post on the length of skeleton arguments someone kindly sent me a link to the judgment of Commercial Court Judge Adrian Jack in WWRT Ltd -v- Caroson Trading et al, a decision in the Eastern Caribbean Supreme…
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