DISCLOSURE OF SURVEILLANCE EVIDENCE LATE: THE FACT THAT THE GENIE IS OUT OF THE BOTTLE IS NOT ENOUGH: AN INTERESTING HIGH COURT DECISION
Angus Fergusson has kindly sent me a copy of the judgment of Mr Justice Birss in Grant -v- Newport City Council [2018] EWHC 3813, it is an interesting case where the judge, on appeal, upheld a decision to refuse…
A DECISION THAT WAS “UNJUST BECAUSE OF SERIOUS PROCEDURAL IRREGULARITY AND MULTIPLE ERRORS OF LAW”: WHEN DECISIONS ARE NOT BASED ON THE EVIDENCE
I have hesitated before writing about the judgment in H v F [2020] EWHC 86 (Fam). The judgment reviews a highly disturbing first instance decision. I know that many family law commentators have already commented on the case and I…
FAILING TO TURN UP TO A TRIAL: DEFENDANT’S APPLICATION REFUSED: CPR 39.3(3) CONSIDERED
This blog has looked several times at the issues relating to CPR 39.3(3), the rule that governs an application when a party fails to attend a trial or hearing. The rule was considered by Mrs Justice Lambert in KD v…
ADEQUATE TIME ESTIMATES: WAS THIRTY MINUTES LONG ENOUGH?
One other aspect of the judgment HHJ Lethem in Ivanoy -v- Lubble (Central London County Court 17th January 2020) relates to time estimates. It highlights the importance of giving appropriate time estimates, reviewing the estimate if the matter becomes complex and the…
CLAIMANT WHO FAILS TO OBTAIN COURT FEE REMISSION – CAN RECOVER THE COURT FEE ON APPEAL: CIRCUIT JUDGE DECISION ON APPEAL
I am grateful to Jon Heath from Levins,solicitors, for sending me a copy of the decision of HHJ Lethem in Ivanoy -v- Lubble (Central London County Court 17th January 2020). This relates to the issue of whether a claimant, eligible…
QOCS CONTINUE TO APPLY IN THE COURT OF APPEAL: DECISION TODAY: CLAIMANT STILL HAS THE SHIELD OF QOCS PROTECTION
I am grateful to barrister Sarah Robson for sending me a copy of the Court of Appeal judgment today in Wickes -v- Blair (No 2) Costs [2020] EWCA Civ 17. The Court of Appeal held that QOCS protection continues to…
APPLYING FOR AN ADJOURNMENT OF A TRIAL ON THE GROUNDS OF ILL HEALTH: A “CUT OUT AND KEEP” GUIDE TO THE AUTHORITIES
It is surprising how often searches that lead to this blog are questions about seeking adjournments on the grounds of ill health. This appears to be common issue. A useful “cut out and keep” summary of the relevant authorities can…
THE PRODUCTION OF WITNESS STATEMENTS: NOW BEING SUBJECT TO RESEARCH: CAN YOU HELP?
This blog has looked, many times, at issues relating to the drafting of witness statements. The Institute for Crime and Justice Policy Research is carrying out research on this subject, in the context of witness evidence in employment tribunals, “Taking…
PLEADINGS: CLAIMANTS – TELL THE DEFENDANT THE CASE THAT IT IS GOING TO BE PUT AGAINST THEM
There are some interesting observations as to how a claimant should plead their case in the judgment in Walsh v CP Hart & Sons Ltd [2020] EWHC 37 (QB). “If, as in this case, the Claimant produces only at trial…
ARGUMENT THAT FIXED COSTS APPLIED GETS A BUMPY RIDE: PROTOCOL DOES NOT APPLY TO HIGHWAYS CASE
I am grateful to barrister James Bentley for drawing my attention to the judgment in Bateman v Devon County Council (HHJ Mitchell, Plymouth County Court, 2nd September 2019) in which it was decided that fixed costs did not apply to a…
63 YEARS OLD AND STILL ROLLING OFF THE PRESSES – MUNKMAN (& EXALL) ON DAMAGES – THE WRITING PROCESS
An earlier post looked at the previous 13 editions of Munkman on Damages for Personal Injury and Death, together with photos. Since more people read law books than write them I thought it would be of interest to describe the…
GIVING EVIDENCE OF MATTERS THAT HAPPENED 17 YEARS EARLIER: AN EXAMPLE IN THE CONTEXT OF CLINICAL NEGLIGENCE
This blog has looked at the issues relating to memory and witness evidence many times. Particularly the problems of people giving evidence many years after the event. An example of these difficulties can be seen in the judgment of Mrs…
LIMITATION: THE EXPIRY OF THE LIMITATION PERIOD AND THE USE OF SECTION 33 IN AN EXTREMELY SENSITIVE CASE
I have to admit I have hesitated before writing about the judgment of Mrs Justice Yip in Young v Downey [2019] EWHC 3508 (QB), it is an extremely sensitive case that has already been widely reported. However that part of…
CIVIL PROCEDURE BACK TO BASICS 77: THE COURT MUST KNOW HOW MUCH AN EXPERT WILL COST: CPR 35.4(2)
CPR 35.4(2) is often overlooked. This rule imposes a duty on a party applying for permission to rely on expert evidence to inform the court how much the expert is likely to cost. This is often clear at the costs…
APPLICATIONS FOR RELIEF FROM SANCTIONS: 10 KEY POINTS
We are now nearly six years on from the Denton decision and the principles are familiar to most litigators. However applications for relief from sanctions are still a regular occurrence. Success is never guaranteed. Here I want to look again at…
PROVING THINGS 171: A TALE OF TWO TELEVISION PRESENTERS (AND OF A CASE WHERE THERE WAS NO EVIDENCE AT ALL ON VITAL ISSUES)
The judgment of the Employment Tribunal in the case of Ahmed -v- BBC (10th January 2019) has already received wide publicity. It is worthwhile looking at the paucity, often the total absence of evidence, on many key issues on the…
PERSONAL INJURY CASES WHERE THE DEFENDANT IS NOT INSURED AND HAS NO ASSETS: LOOK TO THE CLAIMANT’S OWN INSURANCE POLICY
Periodically I repeat the second ever post on this blog. This related to the (surprising to many) fact that it may be possible for a claimant with an unsatisfied judgment to recover damages from their own domestic insurance policy. …
11th HOUR APPLICATION TO INTRODUCE NEW WITNESS EVIDENCE (AND A NEW CASE) REFUSED
In Crumpler & Anor (Liquidators Of Peak Hotels And Resorts Ltd v Candey Limited [2019] EWHC 3558 (Ch) HHJ Davis-White QC (sitting as a High Court judge) refused a party relief from sanctions where witness statements were served late. The…
ATTEMPTING TO GIVE EVIDENCE IN SUBMISSIONS AND SUBMISSIONS IN EVIDENCE: SHOULD THE TWAIN EVER MEET?
The recent post on the Post Office case and the defendant’s attempts to introduce new evidence at the submissions stage has caused me to revisit a post from several years ago. This was, in turn, caused by a recollection of…
SERVICE OF THE CLAIM FORM ON A SOLICITOR (NOT THE FIRST TIME I’VE WRITTEN ABOUT THIS AND PROBABLY NOT THE LAST…)
Every so often, but sometimes I think not often enough, I write posts on the dangers relating to service of the claim form. Here is a quick reminder about the basic principles of serving on a solicitor. This post has…
