COUNSEL’S FEES ARE RECOVERABLE ON A CASE THAT LEAVES THE PORTAL: WHEN A TRAIL OF BREADCRUMBS LEADS NOWHERE
In the judgment today in Finsbury Food Group Plc v Dover [2020] EWHC 2176 (QB) Mrs Justice Lambert rejected the defendant’s arguments that counsel’s fees were not recoverable. “I do not accept that leaving the legal costs of valuing a…
COURTESY AND CORRESPONDENCE: “NOTHING WAS SAID TO ACKNOWLEDGE OR ACCEPT THE JUDGE’S CRITICISM OF THE HIGH-HANDED MANNER IN WHICH THE ASSOCIATE SOLICITOR HAD SOUGHT TO TELL THE COURT HOW THE TRIAL WAS GOING TO BE CONDUCTED”
The post yesterday on the decision in Gubarev & Anor v Orbis Business Intelligence Ltd & Anor [2020] EWHC 2167 (QB) mentioned the issue that the Divisional Court had with the way in which the claimant’s solicitors had attempted to dictate…
CIVIL PROCEDURE (CORONAVIRUS): BLOG AND ARTICLES ROUND UP – JULY 2020
Issues relating to coronavirus still play a large part in the conduct of civil litigation. It is still worthwhile looking at those posts and articles that deal specifically with covid and the courts. Costs ACL – Gordon-Saker: Video and phone…
CIVIL PROCEDURE (NOT-CORONAVIRUS): BLOG AND ARTICLES ROUND UP – JULY 2020
A round up of interesting posts and articles about civil procedure and costs from July 2020. Costs ACL – Gordon-Saker: Video and phone hearings will continue at SCCO after coronavirus Courts Litigation Futures – “Tsunami of post-Covid litigation” could overwhelm courts Remote…
REMOTE HEARINGS THE SOLICITOR’S DUTIES: (1) READ THE ORDERS MADE; (2) DO NOT BE IN CONTEMPT OF COURT
In the judgment today in Gubarev & Anor v Orbis Business Intelligence Ltd & Anor [2020] EWHC 2167 (QB) the Divisional Court sent out a clear message that lawyers must follow orders of the court. Live trials cannot be transmitted…
WHEN THE FEE EARNER WITH CONDUCT OF A MATTER IS ALSO THE SOLE DIRECTOR OF THE CLIENT: UPPER TRIBUNAL AWARDS NO COSTS FOR THIS ASPECT OF THE CASE
There is a comment on costs in the judgment of Judge Timothy Herrington in Financial Solutions (Euro) Limited -v- The Financial Conduct Authority [2020] UKUT 0243 (TCC) that has some wider implications, albeit that it is was a relatively unusual…
EVIDENCE OBTAINED BY TORTURE: THE SUPREME COURT CONSIDERS THE APPROPRIATE APPROACH WHEN TORTURE CANNOT BE PROVEN
In the judgment today in Shagang Shipping Company Ltd v HNA Group Company Ltd [2020] UKSC 34 the Supreme Court sends out a clear message about the use (or rather non-use) of evidence obtained by torture in civil proceedings. This…
PROVING THINGS 178: PROVING PREJUDICE: THE NEED FOR SPECIFIC EVIDENCE
There is another aspect of the Court of Appeal decision in Cable v Liverpool Victoria Insurance Co Ltd [2020] EWCA Civ 1015 that justifies closer examination. That is the court’s observations on the judge’s finding of prejudice. The Court of Appeal…
COURT TAKES UNUSUAL “GRADATED” APPROACH AND DEFERS APPLICATION FOR RELIEF FROM SANCTIONS FOR LATE SERVICE OF WITNESS STATEMENTS – & IT COULD COST THEM $58 MILLION (I SUPPOSE THAT EVERY LITTLE HELPS…)
In Manning & Napier Fund, Inc & Anor v Tesco Plc [2020] EWHC 2106 (Ch) Mr Justice Hildyard took the unusual step of differing the claimants’ application for relief from sanctions in serving witness statements late. “Much or all of…
WHEN EXPERT EVIDENCE BECOMES REDUNDANT: “WE DO NOT HAVE TRIAL BY EXPERT IN THIS COUNTRY: WE HAVE TRIAL BY JUDGE”
There is an interesting judgment on expert evidence at Domeney v Rees & Ors [2020] EWHC 2115 (QB), where Master Davis considered whether accident reconstruction evidence was necessary in relation to a trial. “We do not have trial by…
CORONAVIRUS LAW: COVID AND CONTACT BETWEEN PARENTS AND CHILD
The number of cases dealing with issues relating to COVID have reduced. However issues still arise. In the judgement today in D-S (Contact With Children In Care: Covid-19) [2020] EWCA Civ 1031 the Court of Appeal set out clear principles…
RELIEF FROM SANCTIONS ALLOWED WHEN JUDGE HAD RESERVATIONS AS TO WHETHER STRIKING OUT ORDER SHOULD EVER HAVE BEEN MADE
In Barakat v Greycourt Ltd [2020] EWHC 643 (Ch) Mr Justice Fancourt granted relief from sanctions to an appellant whose appeal had been struck out without notice. One thing of note in this judgment is the order striking out the…
WHAT IS THE IMPACT OF A WITHDRAWN PART 36 OFFER ON COSTS? IT DEPENDS: COURT CONSIDERS THE RELEVANT TEST
In the judgment today in Blackpool Borough Council v Volkerfitzpatrick Ltd [2020] EWHC 2128 (TCC) HHJ Stephen Davies, sitting as a judge of the High Court, considered the effect of a withdrawn Part 36 offer. There is an important consideration…
CLAIMS FOR LOSS OF EARNINGS: RECENT CASES AND THE EFFECT OF OGDEN 8: WEBINAR 9th SEPTEMBER 2020
On the 9th September 2020 I am presenting a webinar on loss of earnings. This webinar looks at recent cases in relation to loss of earnings, and what they can tell us about evidence and the judicial approach to these…
“SUCCESSFUL” CLAIMANT RECOVERS 60% OF HIS COSTS BUT PAYS THE COSTS OF TRIAL: ISSUED BASED COSTS ORDERS CONSIDERED
The vast majority of people who read the cases discussed in this blog will (I would wager a bet) often be thinking “Was there a Part 36 offer?” “What happened about costs?” We can get a glimpse into these issues…
HIGH COURT JUDGE OVERTURNS FINDING THAT THERE WAS NO FUNDAMENTAL DISHONESTY: CLAIMANT HAS TO PAY DEFENDANT’S COSTS
In Pegg v Webb & Anor [2020] EWHC 2095 (QB) tMr Justice Spencer overturned a finding of a trial judge that a claimant had not been fundamentally dishonest. The claimant had been dishonest in the failures to give full disclosure…
USING RTA PROTOCOL AND PART 8 PROCEDURE INAPPROPRIATELY DID NOT LEAD TO ACTION BEING STRUCK OUT: COURT OF APPEAL DECISION TODAY
The Court of Appeal today gave judgment in Cable v Liverpool Victoria Insurance Co Ltd [2020] EWCA Civ 1015 and overturned the decision to strike out an action because it had been issued inappropriately using the portal and Part 8…
HEARINGS AND DETAILED ASSESSMENTS IN THE SENIOR COURTS COSTS OFFICE PRACTICE NOTE BY THE SENIOR COSTS JUDGE
Senior Costs Judge Gordon-Saker has issued a Practice Note in relation to Practice in the Senior Courts Costs Office. “Introduction 1. As a result of the hard work and determination of the court staff and the willingness to adapt…
THE NEW PRECEDENT T: SEE IT HERE: A MODEL OF ITS KIND…
I am grateful to Sean Linley for sending me a copy of the new Precedent T that will apply to amended budgets after the 1st October 2020. You can see it here. Precedent T Example THE NEW RULES…
AMENDING PLEADINGS? HAVE A DRAFT AT COURT: JUDGE CONSIDERS “CIRCULAR ARGUMENTS” AND A “PARTICULARLY UNFORTUNATE PROCEDURAL LITIGATION HISTORY”
The judgment of HHJ Gore QC (sitting as a High Court judge) in Sivaji v Ministry of Defence [2020] EWHC 2006 (QB) makes interesting reading. It is an object lesson in the need to have an amended pleading to hand…