THIRD CLAIM FORM CASE OF THE YEAR: FAILURE TO SERVE A SEALED CLAIM FORM, SERVING BY EMAIL WITHOUT THE DEFENDANTS’ CONSENT: IT ENDS UP BADLY FOR THE CLAIMANT
I am grateful to barrister Alicia Tew for sending me a copy of the judgment of HHJ Karen Walden-Smith in Harper -v- Bamber & Lewis (Cambridge County Court – copy of which is available here judgment in Bamber v Harper ). …
SECOND CLAIM FORM CASE OF THE YEAR: SERVICE ABROAD, ANTARCTICA AND CPR PART 11
The judgment of Master Thornett in Lunn v Antarctic Logistics Centre International (Pty) Ltd [2023] EWHC 2856 (KB) relates to a defendant disputing jurisdiction. It was held that it was open to the defendant to dispute jurisdiction. That application has…
MR BATES AND THE POST OFFICE 5: ATTEMPTS TO PUT THE COURT “IN TERROREM” WERE NOT WELCOME
In March 2019 I wrote about the judgment in Bates & Ors v Post Office Ltd (No 3) [2019] EWHC 606 (QB), the post noted that “parts of the judgment set out arguments and conduct of litigation that is, to say the…
DAMAGES FOR PSYCHIATRIC INJURY AFTER SEEING A DEATH : SOME IMPORTANT POINTS CLARIFIED BY THE SUPREME COURT
The judgment of the Supreme Court in Paul & Anor v Royal Wolverhampton NHS Trust [2024] UKSC 1 will be the subject of detailed scrutiny by practitioners and academics for years to come. It is an action where the claimants…
MR BATES AND THE POST OFFICE 4: THE POST OFFICE’S ATTEMPT TO STRIKE OUT THE CLAIMANT’S EVIDENCE AND ITS CLAIM TO HAVE “SUPERNATURAL POWERS”
On March 16 2019 this blog had three separate posts on the Post Office case. The post repeated here gives an example of the Post Office’s extremely “robust” strategy. It attempted to strike out a large part of the claimants’…
DAMAGES FOR LOSS OF EARNINGS: WEBINAR 18th JANUARY 2024
An injured claimant is often most concerned about their ability to earn their living. This webinar looks at the essential elements of a claim for loss of earnings. It looks at recent cases to illustrate in a practical way how…
MR BATES AND THE POST OFFICE 3: THE POST OFFICE’S APPLICATION THAT THE JUDGE RECUSE THEMSELVES BECAUSE HE WAS “BIASED” AGAINST THEM
The Post Office was so convinced of the righteousness of its case that it determined that any findings against it must be due to judicial bias. Having lost some applications before the trial judge it attempted to have the judge…
WITNESS EVIDENCE AND WITNESS DEMEANOUR: A GEM OF A CASE: A WITNESS SUMMONS CAN LEAD TO UNWELCOME SURPRISES
Issues of witness demeanour and credibility figured highly in the judgment of District Judge Dinan-Hayward in TM v AM [2023] EWFC 247. It is an interesting story which shows the risks of compelling a witness to attend court and of…
MR BATES AND THE POST OFFICE 2: THE JUDGE’S VIEW ON WITNESS CREDIBILITY
I am repeating a post first written in 2019. Matters that are in the public consciousness now were very much in the consciousness of the legal profession then. This post dealt with the trial judge’s view of the credibility of…
FIRST CLAIM FORM CASE OF 2024: CLAIMANT COMES TO GRIEF WHEN THE DEFENDANT WAS SERVED BY THE WRONG METHOD: NO RELIEF AVAILABLE
It took until the 4th January for the first case in relation to service of the claim form to come to light. In Chehaib v King’s College Hospital NHS Foundation Trust & Ors [2024] EWHC 2 (KB) Master Stevens dismissed…
WHAT TO DO WHEN THINGS GO WRONG IN LITIGATION: TEN KEY POINTS WORTH REPEATING
In January 2017 I wrote about a case where a newly qualified solicitor had been struck off . The solicitor “had ‘messed up’ on a handful of the 170 cases he was handling and did not seek help from colleagues”. …
FLOODING AND THE LAW: USEFUL LINKS AND GENERAL GUIDANCE
Simply judging by the state of the rivers, and some of the roads, around me issues relating to flooding are back. This is a useful time to repeat the guide to flooding issues that I have printed several times before….
DRAFTING WITNESS STATEMENTS: WHEN THE CLAIMANT’S STATEMENT IS SIMPLY A REHASH OF THE PARTICULARS OF CLAIM
I am grateful to barrister Nadia Whittaker for sending me a copy of the judgment of Recorder Sheehan KC in the case of Ball -v- The Wolverhampton NHS Trust. It is a working example of the difficulties that flow when…
SERVICE OF THE CLAIM FORM: TWELVE THINGS YOU NEED TO KNOW TO AVOID “DICING WITH PROCEDURAL DEATH”
This is a periodic post (every 3 – 4 years or so) about issues relating to service of the claim form. It will be surprising if there are not cases (and subsequent blog posts) about service issues this year. There…
DAMAGES FOR PAIN AND SUFFERING: WEBINAR 11th JANUARY: PART OF THE DAMAGES SERIES 2024
On the 11th January 2024 I am presenting a webinar on Damages for pain and suffering. This is a part of a series of webinars looking at the basic elements of major heads of damages for personal injury, with a…
COST BITES 130: WHAT COSTS ARE RECOVERABLE WHEN A CLIENT SACKS A SOLICITOR WORKING UNDER A CFA? STICK OR TWIST
The judgment of Senior Costs Judge Gordon-Saker in Sellers v Simpkins [2023] EWHC 3296 (SCCO) considers the issue of what costs a client is due to pay when they have terminated the retainer with a solicitor acting under a CFA….
MR BATES AND THE POST OFFICE: LOOKING BACK TO THE CASE OF THE YEAR 2019
Yesterday I noticed that a post I had written in 2019 was suddenly gaining a lot of readers. I suspect that this was due to the power of television. Not that the blog was being advertised, but that the series…
CIVIL LITIGATION 2023: A BRIEF REVIEW
I am not sure whether the facts and figures from this site can show any major trends in civil litigation. Here is a quick look back at some numbers from 2023. MOST VIEWED POSTS: THE TOP 10 (to date)…
OPENING LINES OF JUDGMENTS 2023: DRAGONS, VENUS, BOMBS, WAR AND THE BEAUTY OF NIDDERDALE (TO NAME JUST A FEW)
It is now too close to Christmas to write the traditional material of this blog. However it is a good time to review some of the best opening lines of judgments for 2023. If you feel I have missed some…
A CLAIMANT, ALLEGING FRAUD, IS NOT ENTITLED TO DELIBERATELY BREACH A COURT ORDER AND THE RULES OF COURT: HIGH COURT JUDGMENT GIVES LITIGATORS MUCH TO THINK ABOUT
Those who draft pleadings, particularly those alleging fraud and misconduct, have much to learn from the judgment of Mr Justice Johnson in AXA Insurance UK PLC v Kryeziu & Ors [2023] EWHC 3233 (KB). The fact that a party is…
COST BITES 129: WHY EVERYONE HAS TO UNDERSTAND THE INDEMNITY PRINCIPLE IN COSTS
In The Commissioner of Police of the Metropolis v Idreess Malik [2023] EWHC 3213 (Admin) the Administrative Court sets out a key reminder of the central importance of the indemnity principle in relation to the recovery of legal costs. The…
COST BITES 128: WHEN IT IS APPROPRIATE FOR THE JUDGE TO MAKE NO ORDER FOR COSTS
In Guy & Ors v Brake & Ors (Re Moratorium Cancellation Costs) [2023] EWHC 3179 (Ch) HHJ Paul Matthews (sitting as a High Court Judge) found that it was appropriate to make no order for costs in relation to an…
COURT REFUSES (VERY) LATE APPLICATION TO RELY ON A WITNESS STATEMENT
In Johnstone v Fawcett’s Garage (Newbury) Ltd [2023] EWHC 3010 (KB) HHJ Simon rejected the claimant’s application, to rely on a new witness. The application was made as a preliminary issue at trial, there was no formal application, there was…
SERIES OF WEBINARS ON DAMAGES: AVAILABLE AS A “BUNDLE” – OR ONE AT A TIME…
Next year I am presenting a series of eight webinars on personal injury damages. APIL is offering these as one off webinars, or the whole series can be subscribed to as a “bundle”. Booking details are available here. THE…
EXTENSIONS OF TIME TO SERVE THE CLAIM FORM SET ASIDE: YOU CANNOT HOLD ON: CARGO CLAIM COMES TO GRIEF
I clearly called time too early when I wrote, in a post on December 5, that we may the considering last claim form post of the year. We have another example of a claimant coming to grief in Doliaa SAS…
“SPEAKING NOTES” RARELY WELCOME BY THE COURTS: THE “SPECIAL CIRCLE OF HELL” RESERVED FOR SOME ADVOCATES…
There is an observation made in the final paragraph of the Privy Council judgment in Chang v The Hospital Administrator & Ors (Trinidad and Tobago) [2023] UKPC 44 that relates to “speaking notes”. They were, it seems, not altogether welcome. …
ISSUING ON BEHALF OF AN ESTATE WHEN THERE IS NO GRANT OF PROBATE: THE PROCEEDINGS WERE A NULLITY
The judgment of Master Brightwell in The Ali Abdullah Alesayi Will Establishment v Alesayi [2023] EWHC 3150 (Ch) provides a reminder of some important reminder of some important principles when issuing on behalf of the estate of a deceased person. …
ACCEPTANCE OF PART 36 DOES NOT DISPLACE FIXED COSTS – NOR WERE THERE “EXCEPTIONAL CIRCUMSTANCES”: CLAIMANT COMES TO GRIEF
I am grateful to Simon Fisher, Costs Lawyer, of DWF for sending me a copy of the judgment of District Judge Carter (as he then was) in the case of Bosley -v- Whitecroft, (County Court at Nottingham, 8th November 2023)…
COST BITES 127: DO THE GUIDELINE HOURLY RATES APPLY IN FAMILY PROCEEDINGS?
In H v GH [2023] EWFC 235 Simon Kolton KC (sitting as a Deputy High Court Judge) considered the question of whether the guideline hourly rates applied in family proceedings. He held that whilst, strictly, the rates may not apply…
COST BITES 126: THE SUMMARY ASSESSMENT OF COSTS: THE IMPACT OF HOME WORKING: CAN THE HOURLY RATES BE UPRATED ON THE BASIS OF WHERE THE FEE EARNER LIVES (AND WORKS)
There are several interesting aspects to the judgment of HHJ Matthews (sitting as a High Court Judge) in Otto & Ors v Inner Mongolia Happy Lamb Catering Management Company Ltd & Ors [2023] EWHC 3151 (Ch). In particular the consideration…
USING AI TO SEARCH FOR CASE LAW AND MAKE SUBMISSIONS: IT MAKES CASES UP – IT REALLY DOES
If ever there was a judgment where the clue is in the name it is Harber v Commissioners for His Majesty’s Revenue and Customs (INCOME TAX – penalties for failure to notify liability to CGT – appellant relied on case…
WHEN A SKELETON ARGUMENT TRIES TO INTRODUCE EXPERT EVIDENCE: AN APPROACH DEPRECATED BY THE COURT
We have seen many examples of witness statements trying to give expert evidence on this blog. There have been posts about occasional attempts to deal with lacunas in evidence by introducing that evidence in written submissions. In Re C (‘parental…
THIS MAY (OR MAY NOT) BE THE FINAL CLAIM FORM CASE OF 2023: CLAIMANT MAKES FUNDAMENTAL MISTAKE AS TO SERVICE, DEFENDANTS FAIL TO NOTICE IN TIME: THERE IS MUCH TO LEARN HERE…
There are lessons for both claimants and defendant litigators in the judgment of Master Teverson (sitting in retirement) in Simon Bain Building Services Ltd v Cardone & Anor [2023] EWHC 2916 (Ch). Firstly we see another error by the claimant…
CLAIMANTS’ SOLICITORS WERE ON NOTICE THAT AN EXPERT’S REPORTS COULD NOT BE RELIED UPON: THE ISSUE OF PROCEEDINGS WAS AN ABUSE OF PROCESS
We are returning to the judgment of District Judge Dawson in Jagger (& others) -v- Axa Insurance PLC, has enough material to keep this blog going for a month. (The judgment is available on a link from the Law Society Gazette here). …
WEBINAR ON CLINICAL NEGLIGENCE COSTS: KING CHAMBERS EVENT: 7th DECEMBER 2023
My colleagues Andrew Hogan and Kevin Latham are presenting a webinar on Clinical Negligence Costs on the 7th December 2023. Booking details are available here. THE WEBINAR In this timely seminar, Andrew Hogan and Kevin Latham will consider current issues in clinical negligence costs…
COST BITES 125:JOCKEYING FOR POSITION: ALLEGATIONS OF CONDUCT INCREASING COSTS – BUT THERE WAS NO DEDUCTION FROM SUCCESSFUL PARTY’S COSTS:
In Lifestyle Equities CV & Anor v Royal County of Berkshire Polo Club Limited & Ors [2023] EWHC 2923 (Ch) Mr Justice Mellor considered whether certain issues relating to the action meant that there should be a reduction of the…
NEW YEAR NEW HOURLY RATES: INDEXED LINK UPLIFT OF RATES FROM 1st JANUARY 2024: SEE THEM HERE
The Master of the Rolls has accepted the Civil Justice Council recommendations in relation to the increase of hourly rates. The rates will be increased from 1st January 2024 in accordance with the Services Producer Price Index. They will then…
CLAIM FORM SENT TO DEFENDANT’S OLD REGISTERED OFFICE NOT PROPERLY SERVED: CLAIMANT WAS NOT INSULATED AGAINST THE MISTAKES OF THEIR SOLICITORS
The judgment of District Judge Dawson in Jagger (& others) -v- Axa Insurance PLC, has enough material to keep this blog going for a month. (The judgment is available on a link from the Law Society Gazette here). I am…
SERVICE OF THE CLAIM FORM CASES: THE PAST 14 MONTHS: ANOTHER SEASON OF THE DREARY & UNLOVELY CROP OF PROCEDURAL SERVICE ISSUES: WEBINAR 5th FEBRUARY 2024
This year has seen a bumper number of reported cases on what Master McCloud has referred to as a “dry and unlovely crop of procedural service issues”. This webinar on the 5th February looks at the cases relating to the…
A KNOTTY PROBLEM: CAN THE COURT STAY PROCEEDINGS AND ORDER THE PARTIES TO ENGAGE IN ADR? YES IT CAN … BUT…
In Churchill v Merthyr Tydfil County Borough Council [2023] EWCA Civ 1416 the Court of Appeal considered the question of whether the courts can stay an action to, effectively, compel the parties to engage in ADR. It was held that…
GRIFFITHS -v- TUI: SUPREME COURT FINDS FOR THE CLAIMANT: THE TRIAL WAS UNFAIR: POINTS SHOULD HAVE BEEN PUT TO THE EXPERT
In a judgment today TUI UK Ltd v Griffiths [2023] UKSC 48 the Supreme Court overturned the decision of the majority of the Court of Appeal. It is an important decision on procedural fairness. In particular the duty of a…
PART 36 DOES NOT APPLY TO SOLICITORS ACT ASSESSMENTS: HIGH COURT DECISION (YESTERDAY)
In Zuhri v Vardags Ltd [2023] EWHC 3050 (SCCO) Costs Judge Leonard held that the provisions of CPR Part 36 do not apply to a Solicitors Act assessment of costs. However it may be relevant to Part 7 proceedings issued,…
EXPERTS IN THE COURTS IN 2023: WEBINAR 24TH JANUARY 2024: ESSENTIAL ISSUES FOR ALL LITIGATORS AND EXPERTS
Over the course of 2023 we saw many cases in which the conduct of experts and those who instruct them came under close scrutiny and criticism in the courts. I am presenting a webinar on the 24th January 2024 reviewing…
HELP WITH COURT FEES: NEW FORMS AND NEW ELIGIBILITY CRITERIA: WHERE TO FIND THE NEW GUIDANCE AND FORMS
A reminder that the financial eligibility criteria for help with court fees was changed from the 27th November 2023. There are also new court forms designed to make the process (which can be somewhat tortuous) simpler. Close-up of British bank…
COST BITES 124 : EARLY VIEW AS TO VALUE OF A PERSONAL INJURY CASE WAS NOT UNREASONABLE: DEFENDANT’S APPEAL DISMISSED
I am grateful to solicitor John McQuater for sending me a copy of the judgment of HHJ Sadiq in Drury -v- Yorkshire Aggregates Limited (a decision made in January this year, but the transcript has only just become available). It…
APPLICATION TO SET ASIDE DEFAULT JUDGMENT: THREE MONTHS DELAY IS NOT “PROMPT”: ABSENCE OF EVIDENCE AND A DRAFT DEFENCE DID NOT HELP
In Pincus v Singh & Anor [2023] EWHC 2997 (Ch) HHJ Paul Matthews refused a defendant’s application to set aside a default judgment. The defendant had waited for three months before making the application. There was no evidence in support…
THE NEED FOR COURT APPROVAL IN A FATAL ACCIDENT CASE INVOLVING CHILDREN: SUBSEQUENT ACTION FOR PERSONAL INJURY IS NOT AN ABUSE OF PROCESS
The judgment of Mr Justice Pepperall in Bayless & Ors v Norfolk and Norwich University Hospitals NHS Foundation Trust [2023] EWHC 2986 (KB) provides a warning, to both claimants and defendants, that offers under the Fatal Accidents Act, that involve…
COST BITES 123: COSTS OF BUDGETING REDUCED BY 25% TO REFLECT CLAIMANT’S UNREALISTIC BUDGET
In Reid v Wye Valley NHS Trust & Anor [2023] EWHC 2843 (KB) Master Brown reduced the recoverable costs of budgeting by 25% to reflect the unrealistic nature of the claimant’s budget. There are important issues here for those who…
RELIEF FROM SANCTIONS REFUSED WHEN THE COSTS BUDGET WAS SERVED LATE: BUDGETING AT TRIAL IS A FAIRLY HOPELESS TASK
There is much to learn from the decision of Mr Justice Ritchie in Tan v Idlbi & Anor [2023] EWHC 2840 (KB). The claimant was unsuccessful in an application for relief from sanctions following late service of the costs budget….
“PLEADINGS ARE INTENDED TO IDENTIFY THE ISSUES, NOT OBSCURE THEM”: COMMENTS ON STATEMENTS OF CASE: THEY SHOULD PROVIDE LIGHT NOT DARKNESS
There have been a number of cases recently where judges have commented on the state of the pleadings. We see observations being made by Mr Justice Ritchie in the decision today in DMH Electrical (UK) Ltd v MK City Group…
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