PROPOSALS FOR INCREASED COURT FEES: MONITORING THE PROPOSALS AND THE DEBATES
There is a section on this blog which provides regularly updated links to posts and articles on civil procedure. However the issue of the major proposed increase in court fees is such a major issue I am giving this its…
WITNESS "PREPARATION" IN A CIVIL CONTEXT: HOW DO WE HELP THE UNDERDOG WHILST WORKING ON A SHOESTRING?
The controversy surrounding the new guidelines by the CPS for the preparation of witnesses in serious cases has led me to consider the rules and principles relating to witness preparation in the context of civil litigation. This is always a…
SIX MONTH PERIOD FOR SERVICE, EVEN IF "FOREIGN" DEFENDANT ACTUALLY SERVED WITHIN THE JURISDICTION
Another interesting twist to the law of service of proceedings can be found in the Court of Appeal decision in Ashley -v- Tesco Stores (15/01/2015)*. The Court of Appeal found that there was a six month period for service of…
LATE SERVICE OF WITNESS STATEMENTS: ORAL APPLICATION TO EXTEND TIME GRANTED – BUT ON STRICT TERMS
In Rai -v- Jaskaran Singh Bholowasia Pardes Weekly (UK) Ltd [2014] EWHC 4501 (QB) Mrs Justice Simler granted what was effectively an oral application for relief from sanctions. THE CASE The claimant brought an action for defamation. There was an…
COSTS REDUCED FROM £201,000 TO £96,465 ON SUMMARY ASSESSMENT: A WORKING EXAMPLE OF PROPORTIONALITY IN PRACTICE
It is always useful to look at the way in which courts are carrying out summary assessments. Another interesting example of the pragmatic approach adopted can be found in the judgment of Mr Justice Akenhead in Savoye -v- Spicers Ltd…
£3,500 DAMAGES: A 10 DAY TRIAL: 3 DAYS IN THE COURT OF APPEAL: £500,000 IN COSTS: BLEAK HOUSE IN THE COURT OF APPEAL
In Gilks -v- Hodgson [2015] EWCA Civ 5 the Court of Appeal had strong words to say about the costs of a boundary dispute. The observations should be read by anyone tempted to litigate about these issues. THE CASE The…
PUTTING "WITHOUT PREJUDICE" ON LETTERS DOES NOT NECESSARILY MAKE THEM PRIVILEGED: AVONWICK -V- WEBINVEST IN THE COURT OF APPEAL
The case of Avonwick -v- Webinvest has been looked at before on this blog. Mr Justice David Richards held that letters asking for time to pay a debt were not covered by privilege just because they were headed “without prejudice”….
RECEIVERS, EXTENSIONS OF TIME AND RIGOROUS COSTS BUDGETING TO ENSURE PROPORTIONALITY
The Denton principles were considered by Mr Registrar Jones in Justice Capital Ltd -v- Murphy [2014] All ER (D) 187 (Dec). There were important issues in relation to proportionality and costs. Of particular interest is the rigorous case management and…
RELIEF FROM SANCTIONS AND THE LATE SERVICE OF WITNESS STATEMENTS (AGAIN)
The issue of serving witness statements late, with relief from sanctions being required, was considered by Mr Justice Warby in Hamdani -v- Khafaf & others [2015] EWHC 38 (QB). It contains some timely warnings. THE CASE The claimants were bringing…
ENTERPRISE, PROPORTIONALITY, WITNESS STATEMENTS AND UNNECESSARY COSTS: OBSERVATIONS FROM THE HIGH COURT
In Enterprise Holdings, Inc -v- Europcar Group UK Ltd [2015] EWHC 17 (Ch) Mr Justice Arnold made some telling remarks which bear on proportionality, witness evidence and costs. THE CASE The dispute related to the use of a “e” logo…
JUDGE – CAN YOU CHANGE YOUR MIND PLEASE? THE CIRCUMSTANCES IN WHICH A JUDGE CAN REVIEW THEIR OWN DECISION
In Altus Group (UK) Limited -v- Baker Tilly [2015] EWHC 12 (Ch) HH Judge Keyser QC reviewed the circumstances in which a judge can change their mind after sending out a draft judgment. THE CASE The claimant brought an action…
SERVICE OF THE CLAIM FORM: WHAT CAN POSSIBLY GO WRONG? TEN SIMPLE POINTS TO MAKE LIFE EASIER
Service of the claim form remain a major cause of problems. Here we re-cap on the basic causes of many of the problems, with links through to the many posts on this subject. 1. NOT SERVING THE CLAIM FORM IN…
CASE MANAGEMENT, DIRECTIONS AND ATTENDANCE OF THE PARTIES: A WARNING SHOT FROM THE COMMERCIAL COURT
In Richardson -v- Glencore UK Ltd [2014] EWHC 3990 (Comm) Mr Justice Walker had strong words to say about any apparent casualness by the parties in preparing for, and attending, the Case Management Conference. The judgment was intended to be…
AVOIDING NEGLIGENCE CLAIMS: A SUMMARY OF PREVIOUS POSTS
There are now over 640 individual posts on this blog. Occasionally it helps to recap. Here I provide links to the series on “avoiding negligence” claims written at the end of 2013. THE SERIES The series was primarily aimed at…
THE LORD CHIEF JUSTICE'S REPORT 2014: CIVIL JUSTICE
The Lord Chief Justice’s Report for 2014 is available online. It covers many aspects of the judicial system. Here we look at the report in relation to civil justice, THE REPORT On civil justice the Report identifies 5 key areas:…
THE NEW PART 36: PART 10: PULLING IT ALL TOGETHER: 18 KEY POINTS
This post provides a summary of the changes to Part 36 and then considers the practical implications of the new rules, including the implications for on-going litigation. There are links to the relevant posts on the issue and a summary…
BEWARE THE EXPERT WHO "LECTURES" THE COURT (AND TELLS THE JUDGE WHO TO BELIEVE)
In Walls -v- London Eastern Railway Ltd (N Wilkinson QC) 05/12/2014* the judge found that the claimant’s continuing back pain was caused by a long-standing degenerative spinal condition rather than an accident. THE JUDGE’S COMMENTARY ON THE EXPERT EVIDENCE One…
RELIEF FROM SANCTIONS: BUNDLES; EXPERT EVIDENCE AND LITIGANTS IN PERSON
The case of Nata Lee Ltd -v- Abid [2014] EWCA Civ 1652 has already attracted attention following the observations the Court of Appeal make about relief from sanctions and litigants in person. However there are several important observations about procedure…
THE NEW PART 36: PART 9: HOW IT REFLECTS AND CHANGES THE EXISTING CASE LAW
This is the 9th in the series on the new Part 36. Here we deal with the relevant case law which may be changed by the new rules. THE EXPLANATORY TEXT Rule changes are usually accompanied by helpful explanatory notes….
PROPORTIONALITY & SURVIVAL FOR LITIGATORS: PART 2: A WHOLE NEW APPROACH?
It is no accident that there is nearly a month between the first post in this series and the second. Nor is it surprising that very little (if anything) has been written on “proportional” litigation. This is a difficult subject….
THE NEW PART 36: PART 8: STRUCTURE OF THE NEW RULE AND A RECAP OF POSTS TO DATE
Here we look at the structure of the new Part 36. The section part of this post recaps and provides links to the earlier posts on the new Part 36. Future posts will deal with the impact of the new…
THE NEW PART 36: PART 7: THE RTA AND EL/PL PROTOCOL: THE NEW SECTION II OF PART 36
This post looks at the new Part 36 rules in relation to the RTA and EL/PL Protocol. The new rules appear to be only slightly different different to the old. These rules come into force on the 6th April 2015…
DRAFTING WITNESS STATEMENTS: GUIDANCE FROM THE BAR COUNCIL THAT EVERY LITIGATOR SHOULD READ
The Bar Council has very useful guidance drafting witness statements in civil proceedings*. This deals with the practicalities of drafting statements and ethical issues that arise in the material that can properly be included (and omitted) from statement. It is, as…
THE NEW PART 36: PART 6: PERSONAL INJURY CASES
This is the sixth in the series of posts dealing with the new rules governing Part 36 coming into force in April 2015. This post deals with a new section of Part 36 on personal injury cases. This appears to…
THE NEW PART 36: PART 5: WAS THE OFFER A "GENUINE ATTEMPT" TO SETTLE PROCEEDINGS?
One addition to the rule is a further factor for the court to take into account when considering whether or not the usual costs, and other consequences, of Part 36 should apply. THE NEW CPR 36.17: COSTS CONSEQUENCES FOLLOWING JUDGMENT…
THE NEW PART 36: PART 4: WHERE A COSTS BUDGET IS LIMITED TO COURT FEES
This is the fourth in the series of posts on the new Part 36 coming into force on the 6th April 2015. The rules contain a brand new provision that deals with the position where a offeror’s costs are limited…
THE NEW PART 36: PART 3: UNACCEPTED OFFERS AND INCREASED RESTRICTIONS ON DISCLOSURE OF OFFERS
This is the third in the series of posts that deals with the Part 36 provisions coming into force on the 6th April 2015. Here we look at the rules restricting disclosure of a Part 36 offer and some important…
CIVIL CASE OF THE YEAR: AA -v- LBS: DAVID -v- GOLIATH?
There were only a few comments when I asked, on twitter, for recommendations for the civil case of the year. I have overlooked the obvious candidate (Denton)and gone for a case that can, and should, reinvigorate belief in the civil…
THE NEW PART 36 PART 2: OTHER EFFECTS OF ACCEPTING A PART 36 OFFER
This is the second part of a series dealing with the new provisions of Part 36 which comes into force on the 6th April 2015. The first in the series can be found here. Here we look at the new…
ADMISSION UNDER THE PROTOCOL AND PORTAL MAY NOT BE BINDING IN SUBSEQUENT PROCEEDINGS
Is an admission made by an insurer under the Portal binding on the parties in a future action? In September last year we looked at the case of Ullah -v- Jon where a district judge held that an admission was…
THE ADVOCATE AS WITNESS: PROCEDURE WHEN A REPRESENTATIVE HAS TO GIVE EVIDENCE
Previous posts have dealt with the problem of defining the line between submissions and evidence – with the dangers that an advocate could be “giving evidence”. However there are circumstances in which an advocate may have to give evidence as…
CIVIL LITIGATION: REVIEW OF 2014: PROLIXITY, SANCTIONS, CREATIVE WRITING AND MUCH MORE
It is coming to that time of the year where everyone does an annual review. We civil litigators cannot be left out. Here is an annual review for the past 12 months. If people want to make additional suggestions in…
PURSUING POINTLESS COMMITTAL PROCEEDINGS COULD BE COSTLY: FOR THE APPLICANT
In Public Joint Stock Company Vseukrainskyi Aktsionernyi Bank -v- Maskimov [2014] EWHC 4370 (Comm) Mr Justice Hamblen made it clear that essentially useless litigation will lead to costs against a claimant. The judge awarded costs against the claimant bank in…
WITNESS STATEMENTS GIVING THE SOURCE OF INFORMATION AND BELIEF: A RULE OVERLOOKED AT YOUR PERIL
In JSC Mezhdunarodniy Promyshlenniy Bank -v- Sergi Viktorovich Pugachev [2014] EWHC 4336 (Ch) Mr Justice Mann made some important observations in relation to the need for a witness statement to identify the sources upon which it is based. THE CASE…
E-DISCLOSURE & BREACH OF ORDERS: CASE STRUCK OUT: NO QUESTION: AND NO QUARTER GIVEN
In Smailes -v-McNally [2014] EWCA Civ 1296 the Court of Appeal made it clear that breach of a peremptory order in relation to disclosure will lead to grave consequences for the defaulting litigant. THE CASE This case was looked at…
THE NEW PART 36: COMING TO YOUR PRACTICES SOON: PART 1
The “new” Part 36 comes into force on the 6th April 2015. Here I provide the first part a summary of the main chances. To prevent any confusion this post only cites the new rules. THERE IS NOW AN EXPRESS…
THE DENTON PRINCIPLES AND SEEKING TO AVOID PAYING MONEY DUE UNDER COURT ORDERS
The application of the Denton principles was considered by Mr Justice Peter Smith in Mulugeta Guadie Mangiste -v- Endownment Fund for the Rehabilitation of Tigray [2014] EWHC 4196 (Ch) when reviewing an argument that the claimant should not pay an order for…
OVER-LENGTHY PLEADINGS SOME EXAMPLES AND SOME LESSONS
The recent post on the Court of Appeal upholding a decision not to grant permission for over-elaborate particulars of claim has led to some comments on the length of pleadings (“229 paragraph Particulars of Claim” “I’ve got 32 page prof…
GUIDES FOR LITIGANTS IN PERSON, CLIENTS AND ALL THOSE INVOLVED IN THE LITIGATION PROCESS
The Court of Appeal today indicated that “more help” was needed for litigants in person. Here we look at the guidance that exists. LORD JUSTICE MOORE-BICK OBSERVED TODAY: In R (Dinjan Hysaj) v Secretary of State for the Home Department…
EXTENSIONS OF TIME TO APPEAL: MITCHELL AND DENTON PRINCIPLES APPLY
In a combined decision in three cases heard today* [2014] EWCA Civ 1633 the Court of Appeal set out important guidance in relation to applications to appeal out of time. Practitioners must be aware of the time limit for appeals,…
"THE LEAST MANAGEABLE CASE I HAVE EVER TRIED TO MANAGE": CASE MANAGEMENT UPHELD BY THE COURT OF APPEAL
This was the description given by His Honour Judge Mackie QC when he was considering, and refusing, an application by the defendant to strike the action out. The decisions he made were upheld by the Court of Appeal In Walsham…
CIVIL COURT STATISTICS: ABOUT 3% OF ISSUED CLAIMS PROGRESS TO TRIAL
The most recently available Civil Court Statistics from April to June 2014 makes interesting reading. The number of claims is decreasing; around 3% of claims go to trial; the average time between issue and trial is 54 weeks; about 10…
LIMITATION, PROFESSIONAL NEGLIGENCE AND SUMMARY JUDGMENT: AN IMPORTANT LESSON
The case of Seton House Group -v- Mercer Ltd [2014] EWHC 4234 (Ch) shows the importance of being certain of a limitation period and issuing well before that date. In this case, however, the limitation period had passed well before the…
CASE STRUCK OUT AFTER JUDGMENT BECAUSE REPEATED FAILURES TO COMPLY AMOUNTED TO AN ABUSE OF PROCESS
In Zaman -v- Paradise UK Ltd (QBD) 11/12/2014* Judge Seymour QC upheld a decision of the Master to strike out a personal injury action on the grounds of abuse of process where liability had been admitted. This is an important…
EVIDENCE AND CAUSATION: COMMON SENSE CAN BE APPLIED
In Soboleska -v- Threlfall [2014] EWHC 4219 (QB) Mr Justice Foskett made some important observations about the use of commonsense in assessing the likely cause of serious injuries suffered in a road traffic accident. THE FACTS The claimant suffered physical…
SETTING ASIDE A DEFAULT JUDGMENT AFTER AN ORDER IS STILL SUBJECT TO CPR 13: JUDGMENT SET ASIDE WHEN NO GOOD REASON FOR DEFENDANT'S DELAY
In QRS -v- Beach & Kordowski [2014] EWHC 2189 (QB) Mr Justice Warby considered the relevant criteria for setting aside a default judgment when the court makes an order/declaration? There is a detailed discussion of the relevant law and the appropriate…
SUMMARY ASSESSMENT OF COSTS: AN IMPORTANT EXAMPLE
This blog has looked at examples of the summary assessment of costs before. These do not give rise to any great principles or points of law. Summary assessments are rarely (if ever) reported. Virtually every litigator is going to be…
CLAIMANT BEATS OWN PART 36 OFFER AND RECEIVES AN ADDITIONAL £75,000 IN DAMAGES
The advantages to a claimant in making a prompt, and realistic, Part 36 offer are shown in the judgment of Sir David Eady in Downing -v- Peterborough & Stamford Hospitals NHS Foundation Trust [2014] EWHC 4216 (QB). THE KEY POINT…
COSTS OF £7 MILLION: PART 36 BITES HARD ON CLAIMANTS WHO CLEARED A FIRST HURDLE BUT FELL AT THE SECOND
If anyone ever needed a lesson on the risks of litigation they should read the judgment of Mr Justice Eder in Ted Baker plc -v- Axa Insurances UK Plc [2014] EWHC 4178 (Comm). THE CASE There had been a preliminary…
BACK TO BASICS WITH PLEADINGS: PROPORTIONATE LITIGATION AND BREVITY ESSENTIAL ON APPEALS
“Pleadings are intended to help the Court and the parties. In recent years practitioners have, on occasion, lost sight of that aim. Documents are drafted of interminable length and diffuseness and conspicuous lack of precision, which are often destined never…
