COST BITES 394: COURT OVERTURNS DECISION THAT A CLAIMANT LANDLORD IS ENTITLED TO RECOVER THE COSTS: AWARD OF INTEREST ALSO OVERTURNED
This is a case where a decision as to costs and interests was overturned on appeal. The Circuit Judge found that the claimant landlord had no entitlement to claim costs under the terms of the lease. Further the claim for…
WITNESS EVIDENCE WEDNESDAY: ANALYSIS OF THE ROLE OF WITNESS EVIDENCE IN A CLINICAL NEGLIGENCE TRIAL
Much of the discussion in relation to clinical negligence cases is based on expert evidence and the standard of care (and rightly so). However it is important that practitioners do not overlook the vital role played by witness evidence. Those…
DAMAGES FOR LOSS OF A CARER IN A FATAL CASE: FULL COMMERCIAL RATE APPLIED TO CLAIM FOR FUTURE LOSS OF SERVICES
For many years the courts have endeavoured to provide guidance for the appropriate approach to damages when a “carer” is killed. The principles relating to lost of an “income earner” are generally well established. Over the past few decades there…
DO LAWYERS (AND EXPERTS) LIKE CHECKLISTS THAT ENSURE COMPLIANCE WITH THE RULES? WELL, I MAY HAVE A TREAT FOR YOU TOMOPRROW
Checklists are always a feature of discussions I have with publishers and legal professionals. I have prepared have created a whole series of checklists for lawyers (9 in total) and a series for experts (6), plus a “Judicial Red Flags”…
SERVICE POINTS 45: A SOLICITOR FAILS TO CHECK THE CE FILE AND 5,000 CLAIMS GO UP IN SMOKE: SEVERAL IMPORTANT LESSONS HERE, INCLUDING THE NEED TO MAKE AN APPLICATION FOR RELIEF PROMPTLY…
This case, where judgment was given today, is essential reading for anyone litigating using CE-File. It is also essential to anyone involved in group litigation. This is a case where 5,000 claimants were refused relief from sanctions. That initial difficulty…
WHAT HAPPENS WHEN A PARTY DOES NOT RESPOND TO A NOTICE TO ADMIT FACTS (THERE IS NO “DEEMED ADMISSION”) PLUS ANOTHER POSSIBLE “HALLUCINATED” “FICTITIOUS” RULE
This case has two important practical points. Firstly (contrary to the case put forward by the claimant) a failure to respond to a Notice to Admit facts does not give rise to an “implied admission” by the recipient of the…
RELIEF FROM SANCTIONS REFUSED: SOME DELAYS WERE UNEXPLAINED AND THERE WERE OTHER BREACHES OF THE RULES: SOME LESSONS ON COMPLIANCE HERE…
We are looking at an (unsuccessful) application for relief from sanctions in a family case. A husband sought permission to appeal some 10 1/2 months out of time. What is particularly interesting here are the judge accepted that some delay…
COST BITES 393: A CONDITIONAL FEE AGREEMENT BETWEEN LAW FIRMS WAS VALID: THERE WAS NO BREACH (AND IF THERE WAS IT WAS NOT MATERIAL): FRESH OFF THE PRESS – JUDGMENT THIS AFTERNOON
I am grateful to Jamie Carpenter KC for drawing my attention to this judgment given this afternoon. It relates to an interesting dispute between law firms. The claimant had entered into a CFA with the defendant. The defendant argued that…
AN EASY MISTAKE TO MAKE: HOW A CRUCIAL TIME LIMIT FOR APPEALING WAS MISSED: MISLABELLING OF THE FILES: THIS WAS NOT A “MINOR ERROR…”
Here we look at how a simple mistake in the naming of a file led to a potentially disastrous problem when it led to an appeal being out of time. The wrong documents were sent to the court when an…
AN APPEAL OVER A TIME ESTIMATE FOR TRIAL: THIS SHOULD NOT LAST 15 DAYS, NOR WILL IT BE DONE IN 5: EIGHT DAYS REMAINS THE CORRECT CONCLUSION
This blog has covered issues relating to time estimates many times. I cannot recall, however, a case where there has been an appeal over a judicial determination of a time estimate for a trial. We have such a case here. …
EXPERT WATCH 48: HOW AN EXPERT WITNESS CAN LOSE CREDIBILITY AT TRIAL (IN A CLINICAL NEGLIGENCE CASE – BUT THE PRINCIPLES ARE UNIVERSAL…)
Some areas of litigation rely heavily on expert evidence. Clinical negligence is often one of those areas. It is always interesting to read judicial views when a matter reaches trial. Here was have a judgment where the judge considered aspects…
BACK TO BASICS MONDAY: A LITIGANT CANNOT APPLY TO SET ASIDE A DECISION MADE WITHOUT A HEARING WHEN THEY SPECIFICALLY ASKED FOR THIS AND HAD THE OPPORTUNITY TO MAKE SUBMISSIONS
Here we look at a recent decision that has major practical implications for anyone making an application, or anyone disgruntled with a court decision. The applicant asked, specifically, for an application to be considered on paper. The matter was considered…
You must be logged in to post a comment.