THE OFFERS WERE NOT PART 36 OFFERS: COURT COULD DETERMINE COSTS OF A PRELIMINARY TRIAL
In Holden v Holden & Anor [2024] EWHC 453 (Ch) Mr Nicholas Thompsell (sitting as a Deputy High Court Judge) considered offers made by the defendant to see whether they were in fact Part 36 offers. He held that they…
LATE SERVICE OF THE PARTICULARS OF CLAIM AND RELIEF FROM SANCTIONS: CLAIMANT ALLOWED TO PURSUE CLAIM AGAINST ONE DEFENDANT BUT NOT THE OTHER: WHAT A DIFFERENCE AN ADMISSION MAKES
In Bangs v FM Conway Ltd & Anor [2024] EWHC 494 (Comm) Mr Justice Jacobs considered the claimant’s application for relief from sanctions when the particulars of claim had been served late. He allowed the claimant’s application against one defendant…
“SO OPENS ANOTHER CHAPTER IN THE CONTINUING WAR AGAINST OF FORENSIC ATTRITION BETWEEN MOTOR INSURERS AND CREDIT HIRE COMPANIES”: HIGH COURT JUDGE UPHOLD DECISION TO MAKE A NON-PARTY COSTS ORDER AGAINST CAR HIRE COMPANY
I am grateful to barrister Stephen Bailey for drawing my attention to the judgment of Mr Justice Turner in Kindertons Ltd v Murtagh & Anor [2024] EWHC 471 (KB). The judge upheld the decision to make a non-party costs order…
DEALING WITH THE COUNTER-SCHEDULE AND COUNTER ARGUMENTS IN RELATION TO DAMAGES: WEBINAR 14th MARCH 2024
This webinar on the 14th March 2024 takes a detailed look at those issues and arguments that are often marshalled to reduce a claim for personal injury damages. It enables practitioners to consider those matters that impact upon a claimant. …
DISPUTING SERVICE OF THE CLAIM FORM: DEFENDANT FAILED TO USE CORRECT RULE, BUT CPR 3.10 APPLIED
A defendant that wants to dispute jurisdiction should normally apply under CPR Part 11. In The Tintometer Ltd & Anor v Pitmans (a firm) & Anor [2024] EWHC 370 (Ch) Mrs Justice Bacon considered the situation where a defendant had…
THE SUMMARY ASSESSMENT OF COSTS: A PRACTITIONER’S GUIDE: WEBINAR 18th MARCH 2024
We have seen several examples on this blog recently relating to the summary assessment of costs, in some cases the sums assessed have been substantial. This webinar on the 18th March 2024 looks at recent cases and then considers the…
AN APPELLANT CANNOT RE-OPEN THE GROUNDS UPON WHICH IT HAS BEEN GIVEN PERMISSION TO APPEAL: COURT OF APPEAL DECISION
In Williams v Williams & Ors [2023] EWCA Civ 1465 the Court of Appeal considered the issue of whether an appellant could seek to re-open grounds of appeal. The criteria was held to be very restricted and the appellant not…
NEW FORMS FOR ANONYMITY ORDERS: GET THE LINK – SEE THE ORDER
Form PF 10 for anonymity orders has been amended. The latest form can be found here. PF10 Anonymity for children and protected parties – prohibition of publication order [HEADING] [TBC] (a child / protected party…
COURT OF APPEAL – NOT THE CORRECT DESTINATION FOR AN APPEAL RELATING TO THE SENTENCE PASSED ON A JUDGMENT DEBTOR
In Roberts v Jones [2024] EWCA Civ 118 the Court of Appeal held that it was not the correct court to hear an appeal relating to an appeal by a judgment creditor in relation to a sentence passed on a…
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…
DAMAGES FOR CARE: RECENT CASES AND THEIR SIGNIFICANCE FOR PRACTITIONERS: WEBINAR 8th FEBRUARY 2024
This webinar look at claims for care, the law underpinning care and assistance claims, looking at practical ways of preparing the case and presenting the schedule and cover. The webinar covers, in particular, the cases and observations made in recent…
“RULE 1 FOR ANY JUDGE DEALING WITH A CASE” :SETTING ASIDE AN ORDER AFTER ONLY ONE PARTY HAS BEEN HEARD: SUPREME COURT OBSERVATIONS AND CASES IN THE CIVIL COURTS
There are some interesting issues raised in the Supreme Court judgment in Potanina v Potanin [2024] UKSC 3. The opening lines of the judgment, however, reiterate an important principle in relation to the need for a rehearing after a party…
DENTON WATCH 2: COURT REFUSES LATE APPLICATION FOR PERMISSION TO APPEAL
In Tameside Caravans and Storage Ltd v Viavecto Ltd [2024] EWHC 95 (KB) Mr Justice Constable refused the defendant’s request for permission to appeal out of time. The fact that the defendant was a litigant in person at the time…
DENTON WATCH: CLAIMANT REFUSED RELIEF FROM SANCTIONS WHEN THE CLAIM FORM WAS NOT SERVED DUE TO SOLICITOR’S MISTAKEN BELIEF THAT IT WOULD BE SERVED BY THE COURT
In Phipps v Goulbourne (Re the Estate of Tetla Yvonne Goulboure otherwise Tetla Yvonne Butler) [2024] EWHC 130 (Ch) Master Teverson refused the claimant’s application for relief from sanctions. The claimant failed to serve a claim form, in accordance with…
Opportunities and Threats in Commercial Costs Litigation: Afternoon conference 29th February 2024 in Manchester
My colleagues in the costs team at Kings Chambers alongside three eminent guest speakers are presenting a half day conference on the 29th February 2024 in Manchester. Booking details are available here. THE CONERENCE At this timely conference, four…
ATTEMPTING TO GIVE NEW EVIDENCE WHEN THE ADVOCATE IS MAKING SUBMISSIONS: ANOTHER ISSUE IN THE POST OFFICE CASE
The recent post about the decision in Karimi, R (On the Application Of) v Sheffield City Council [2024] EWHC 93 (Admin), caused me to review another earlier blog post about the Post Office case. It concerned an attempt to introduce new…
A DEFENDANT CANNOT SIMPLY SEEK TO SET ASIDE THE CONSEQUENCES OF A DEBARRING ORDER: AN APPLICATION SOUNDLY REFUSED
In Al Saud v Gibbs [2024] EWHC 123 (Comm) Mr Justice Calver refused a defendant’s application to set aside a debarring order so that they could be involved in the trial of the action. The judgment contains important observations on…
A “BEGUILING APPARENT COST SAVING SHORT CUT” TURNED OUT TO BE A MISTAKE: PLEADINGS MAY WELL BE NECESSARY WHEN AN ACTION IS TRANSFERRED FROM PART 8 TO PART 7
There is a short passage in the judgment of HH Judge Davis-White KC in Chapman & Anor v Celtic Property Developments Ltd (Re Celtic Property Developments Ltd and Companies Act 2006) [2024] EW Misc 6 (CC) which reflects an issue…
SEEKING PERMISSION TO RELY ON AN EXPERT DOES NOT GIVE RISE TO AN APPLICATION FOR RELIEF FROM SANCTIONS: IMPORTANT JUDGMENT BY THE COURT OF APPEAL
In Yesss (A) Electrical Ltd -v- Warren [2024] EWCA Civ 14 the Court of Appeal considered the law relating to when an application for relief from sanctions comes into play. The judgment gives clear guidance about the question of when…
SERVING A SKELETON LATE DOES NOT A HAPPY JUDGE MAKE: IT IS A VICE TO SUPPLY MATERIALS LATE IN THE DAY
In Karimi, R (On the Application Of) v Sheffield City Council [2024] EWHC 93 (Admin) Fordham J sent out a reminder to practitioners (and particularly those who draft skeleton arguments) of the need to file skeleton arguments in accordance with…
EVERY LITTLE HELPS: EACH DEFENDANT ORDERED TO PAY £18,000 EXEMPLARY DAMAGES IN STAGED CRASH CASE
The judgment of HHJ Baucher in Alghafagi v Tesco Stores Ltd [2023] EW Misc 19 (CC) is one of a series of judgments in related cases. It relates to what the judge has found to be a complex conspiracy to…
THE WITNESS EVIDENCE AT TRIAL WAS DIFFERENT TO THE PLEADED CASE AND THE WITNESS STATEMENTS: ANOTHER EXAMPLE OF WHY CARE IS NEEDED
Earlier this month I posted an article on the need for “self protection” by lawyers when drafting witness statements. An example of why care is needed can be seen in the judgment of HHJ Stephen Davies, sitting as a High…
DAMAGES FOR THE SELF EMPLOYED AND THOSE INVOLVED IN ENTERTAINMENT AND SPORT: WEBINAR 25th JANUARY 2024
On the 24th January there is a webinar looking at claims for damages for self-employed people. It also looks at the issues relating to losses, particularly loss of earnings, caused by those involved in sports and entertainment (it also looks…
PROVING THINGS 236: CLAIMANT’S ARGUMENT THAT IT HAD LOST MORE THAN £6 MILLION FAILED TO TRAVEL: CAUSATION NOT ESTABLISHED
The judgment of Simon Tinkler, sitting as a Deputy High Court Judge, in Ickenham Travel Group Ltd v Tiffin Green Ltd [2024] EWHC 27 (Comm) is another classic example of a failure to prove damages. The defendant had been in…
QOCS: CLAIMS FOR £1 IN DAMAGES AND NOMINAL DAMAGES STILL HAVE QOCS PROTECTION
In Clark & Ors v Adams & Anor [2024] EWHC 62 (KB) Mr Justice Soole determined that claims for £1 in damages and for “vindicatory purposes only” still have the protection of QOCS. The size of the claim and the…
EXPERTS IN THE COURTS IN 2023: ESSENTIAL POINTS FOR PRACTITIONERS AND EXPERTS: WEBINAR 24th JANUARY 2024
Keen readers will note that already this week there have been two cases reported on this blog where the conduct or “expertise” of experts have been subject to judicial criticism. Issues relating to expert evidence in litigation have been a…
COST BITES 131: TIME LIMIT FOR ASSESSMENT EXTENDED WHEN BENEFICIARY CHALLENGES COSTS: COURT OF APPEAL DECISION TODAY
I am grateful to barrister Alicia Tew for sending me a copy of the Court of Appeal decision today in Kenig v Thomson Snell & Passmore Llp [2023] EWHC 181 (SCCO). The Court considered the question of whether the costs judge…
EXPERTS NOT QUALIFIED TO COMMENT ON THE MATTERS THEY DID: ADMINISTRATIVE COURT DECISION
Another example of expert evidence going awry can be seen in the judgment of Mr Justice Ritchie in Balachandra v The General Dental Council [2024] EWHC 18 . The experts in question were giving evidence in relation to matters that…
“AN EXPERT WITNESS IS NOT HELPING THE COURT BY TRYING TO MAKE THE EVIDENCE FIT THEIR OWN CONCLUSIONS”: JUDGE FINDS EXPERT “UNPROFESSIONAL AND UNACCEPTABLE”
In LCC v V & B [2023] EWFC 268 HHJ Booth commented on one of the expert witnesses. He found that the evidence given involved conjecture. The criticism of the expert is robust. “An expert witness is not helping…
“MY LAWYER DRAFTED MY STATEMENT”: A REMINDER OF THE NEED FOR SELF-PROTECTION
We have seen a high profile example recently of a witness stating that their statement had been drafted by the lawyers involved. This is not a rare occurrence. Here is a recap of some of the issues that litigators need…
THIRD CLAIM FORM CASE OF THE YEAR: FAILURE TO SERVE A SEALED CLAIM FORM, SERVING BY EMAIL WITHOUT THE DEFENDANTS’ CONSENT: IT ENDS UP BADLY FOR THE CLAIMANT
I am grateful to barrister Alicia Tew for sending me a copy of the judgment of HHJ Karen Walden-Smith in Harper -v- Bamber & Lewis (Cambridge County Court – copy of which is available here judgment in Bamber v Harper ). …
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