THE RELEVANCE OF THE ABSENCE OF ORAL EVIDENCE AT INTERLOCUTORY APPLICATIONS: A JUDGE MUST MAKE A DECISION ON THE EVIDENCE BEFORE THEM

THE RELEVANCE OF THE ABSENCE OF ORAL EVIDENCE AT INTERLOCUTORY APPLICATIONS: A JUDGE MUST MAKE A DECISION ON THE EVIDENCE BEFORE THEM

January 7, 2026 · by · in Appeals, Applications, Avoiding negligence claims, Civil evidence, Civil Procedure, Members Content, Witness statements

In this case the claimant appealed against the findings of fact that the court made at first instance. However those findings were made on the basis of written evidence that was before the court.  The claimant had not applied for…

COST BITES 324: COURT REFUSES TO REDUCE SUCCESSFUL DEFENDANT'S COSTS BECAUSE OF REFUSAL TO ENGAGE IN MEDIATION

COST BITES 324: COURT REFUSES TO REDUCE SUCCESSFUL DEFENDANT’S COSTS BECAUSE OF REFUSAL TO ENGAGE IN MEDIATION

January 7, 2026 · by · in Assessment of Costs, Civil Procedure, Conduct, Costs, Members Content

A party liable to pay the costs of a successful opponent is always keen to reduce that liability, not least by arguing that they should have a reduction in costs because of their opponent’s conduct. We see such an argument…

COST BITES 323: HOURLY RATES: THIS CASE DOES NOT FALL INTO LONDON BAND 1: IT CERTAINLY DOES NOT JUSTIFY FEES ABOVE THAT RATE...

COST BITES 323: HOURLY RATES: THIS CASE DOES NOT FALL INTO LONDON BAND 1: IT CERTAINLY DOES NOT JUSTIFY FEES ABOVE THAT RATE…

January 7, 2026 · by · in Applications, Assessment of Costs, Civil Procedure, Costs, Members Content

We are returning to the issue of hourly rates.  In this case the receiving party sought hourly rates that were above the London 1 band.   The judge held that the case did not fall within that band and certainly did…

WITNESS EVIDENCE WEDNESDAY: FINDINGS OF DISHONESTY WERE WRONG AND COULD NOT STAND: ISSUES OF WITNESS CREDIBILITY ARE NOT SIMPLY A MATTER OF "INTUITION"

WITNESS EVIDENCE WEDNESDAY: FINDINGS OF DISHONESTY WERE WRONG AND COULD NOT STAND: ISSUES OF WITNESS CREDIBILITY ARE NOT SIMPLY A MATTER OF “INTUITION”

January 7, 2026 · by · in Appeals, Applications, Civil evidence, Civil Procedure, Members Content, Witness statements

Here we look at a case where, unusually, the judge overturned first instance findings of dishonesty.    The circumstances in which those findings were made were seriously flawed.  Important procedural safeguards had not been in place,  not least the allegations…