WHY YOU NEED TO KNOW THE RULES AND GUIDANCE IN RELATION TO SURVEILLANCE EVIDENCE: A WEBINAR
In the judgment discussed earlier today in Tully v Exterion Media (UK) Ltd & Anor [2020] EWHC 1119 (QB), Master McCloud, made some important observations in relation to how the courts deal with surveillance evidence. As a result of that…
LATE WITNESS STATEMENT: RELIEF FROM SANCTIONS NOT GRANTED: A WARNING AGAINST COMPLACENCY
Anyone who has had the pleasure of hearing Professor Dominic Regan lecture will know that he gives a constant warning that the Denton principles have not gone away. In relation to the late service of budgets in particular, but in…
NON-COMPLIANCE WITH ORDER FOR EXPERT EVIDENCE AND THE CLAIMANT’S APPLICATION GOES UP IN SMOKE…
Possibly the most difficult position you could put yourself in in litigation is for the court to make an order, do something the court did not allow, not get permission in advance, and then seek relief from sanctions thereafter. …
COVID REPEATS 37: CROSS-EXAMINING EXPERT WITNESSES: HINTS, TIPS AND LINKS
The impartiality, or otherwise, of expert witness witnesses was in the news in June 2014. Since expert evidence has been a constant theme on this blog. This would seem an appropriate time to revisit a post about the cross-examination of…
COVID REPEATS 36: DEFENDANT’S EXPERT TOLD TO GET ON HIS BIKE: WHEN A PARTY “WISELY” PLACES NO RELIANCE ON THEIR OWN EXPERT IN CLOSING SUBMISSIONS
Today we are looking again at the judgment of Mrs Justice Cox in Sinclair -v- Joyner [2015] EWHC Civ 1800 (QB). Some important observations about the role of the expert and the conduct of the expert instructed by the defendant…
THE (NOT SO) LONELY LITIGATOR’S CLUB 26: GABOR COVAKS: THE MANDOLIN PLAYING SOLICITOR’S TALE
The Club may be unique in legal history because, in addition to promoting knowledge and skills about litigation, the constitution also has the aims of promoting laywers playing and listening to mandolin music. That is just one of the reasons…
WITNESS STATEMENTS FULL OF VITRIOL – THIS IS NEVER GOING TO END WELL…
The “Covid Repeats” series next week will revisit some of those (many) cases where judges have found witness statements to be inadequate. The inclusion of unnecessary matters in witness statements is a continuing issue. It can be seen in the…
COVID REPEATS 35: EXPERTS: DECLARATIONS OF TRUTH SIGNED RECKLESSLY
Problems with experts are very similar across all jurisdictions. The case of Pabon, R v [2018] EWCA Crim 420 is an illuminating one. A decision of the Court of Appeal Criminal Division it shows the dangers when an expert does not comply…
ACCEPTING AN OFFER DURING A HEARING: CONTRACTUAL PRINCIPLES, NOT PART 36, APPLY: OFFER DID NOT LAPSE AT THE DOOR OF THE COURT
Offers of settlement can, and often are, made outside the ambit of Part 36. In MEF v St George’s Healthcare NHS Trust [2020] EWHC 1300 (QB) Mr Justice Morris considered issues relating to late acceptance of offers. The case shows…
HAMMERSMITH & FULHAM LAW CENTRE: 10,000 STEPS FOR JUSTICE: LONDON LEGAL SUPPORT TRUST
Hammersmith & Fulham Law Centre are raising money for the London Legal Support Trust by doing 10,000 steps for justice on the 8th June. THE VIDEO To raise support the law centre has produced a video of their staff and…
EVALUATING EVIDENCE ON APPEAL: THE APPELLATE COURT WILL NOT READILY DISPLACE THE FINDINGS OF THE TRIAL JUDGE
I am grateful to Christopher Kardahji from Irwin Mitchell solicitors for sending me a copy of the judgment of Mr Justice Freedman in Lenord -v- First Manchester Limited [2020] EWHC 982 (QB). The judgment contains a detailed analysis of the…
AUTOMATIC STAY OF POSSESSION HEARINGS APPLIES TO APPEALS: COURT OF APPEAL DECISION THIS MORNING
In London Borough of Hackney -v- Okoro [2020] EWCA Civ 681 the Court of Appeal found that the automatic stay on possession proceedings also applies to appeals against possession orders. THE CASE The Court of Appeal were asked…
DAMAGES IN ANTICIPATION OF DEATH: WEBINAR 8th JUNE 2020
On the 8th June I am giving a webinar on the important issues of damages in anticipation of death. This looks at damages for reduced life expectancy and the practical steps lawyers can take in these difficult and tragic cases. …
COVID REPEATS 34: EXPERTS, YACHTS AND THAT SINKING FEELING WHEN A CLAIMANT COMES TO GRIEF
Today we are looking back at the case of Hirtenstein -v- Hill Dickinson LLP [2014] EWHC 2711 (Comm) contains many interesting lessons for those involved in professional negligence litigation in particular. Here I just want to concentrate upon two:…
AFFIDAVITS, COMPULSION, EXHIBITS AND THE IMPLIED DUTY NOT TO DISCLOSE TO THIRD PARTIES: HIGH COURT DECISION
I am grateful to barrister Sarah Walker for sending me a copy of the judgment of Deputy Insolvencies and Companies Court Judge Kyriakides in the Official Receiver -v- Skeene & Bowers [2020] EWHC 1252. It concerned the issue of whether…
LIES, DAMN LIES AND LITIGATION: WHY PEOPLE TELL LIES AND WHAT DOES THE JUDGE DO? (A RECAP)
For various reasons issues relating to the credibility of witnesses and “lies” are in the news this week. Litigation is not always about lies or liars. Often it is about misunderstandings, mistaken recollection and people convincing themselves that they are correct….
COVID REPEATS 33: YOU’LL NEVER GET TYRED OF THIS: AN EXPERT REPORT THAT WAS “EXTRAORDINARY IN ITS PRESENTATION AND SHOT THROUGH WITH BREATH TAKING ARROGANCE”:
This is “experts” week for our stroll back through various posts on this blog. In September 2017 barrister Brian McCluggage for sent me a copy of the decision of Her Honour Judge Belcher in Hatfield -v- Drax Power Ltd (18/08/2017) which…
ASSESSING WITNESS CREDIBILITY: A REMINDER OF THE BASIC PRINCIPLES
Today is is a good day to look again at the judgment of Mr Justice Leggatt in Gestmin SGPS S.A. -v- Credit Suisse [2013] EWCA 3560 (Comm). This is case that is now mentioned regularly in cases involving witness recollection and…
SERVICE OF THE CLAIM FORM: WHAT CAN POSSIBLY GO WRONG? TEN SIMPLE POINTS TO MAKE LIFE EASIER & TO CAP OFF THE BANK HOLIDAY WEEKEND
Service of the claim form remain a major cause of problems. Here we re-cap (not for the first time) on the basic causes of many of the problems, with links through to the many posts on this subject. This post…
ASSESSMENT OF COSTS: UNDER SPEND OF A PHASE – NOT A GOOD REASON TO DEPART FROM THE BUDGET
In Utting v City College Norwich [2020] EWHC B20 (Costs) Master Brown rejected an argument that an “underspend” amounted to a good reason to depart from a budget. I am grateful to Paul Kay from R Costings for drawing this…