THOSE WHO DRAFTED THE WITNESS STATEMENTS HAVE “FORGOTTEN WHAT THE ROLE OF THE WITNESS STATEMENT IS”: BACK TO BASICS FROM MR JUSTICE WAKSMAN
I am returning to more traditional territory in looking at the judgment of Mr Justice Waksman in PCP Capital Partners LLP & Anor v Barclays Bank Plc [2020] EWHC 646 (Comm). Witness evidence and witness statements have been a regular…
COVID REPEATS 16: THE DOG THAT GOT A BETTER MASTER’S DEGREE THAN A WITNESS (WHEN WITNESSES DIG REALLY DEEP HOLES FOR THEMSELVES)
To lighten up a Saturday we are looking again at the judgment of Mr Justice Ramsey in BSky B -v- HP Enterprises Ltd [2010] EWHC 86 (TCC). This contains some interesting comments on the credibility of witnesses and how the…
THE NOT SO LONELY LITIGATOR’S CLUB 19: TIM O’CONNOR: BARRISTER ON THE CORK CIRCUIT
Our club has no jurisdictional boundaries*. So it was a pleasure to ask Tim O’Connor a barrister at the Bar of Ireland,on the Cork Circuit, to become our latest member. Tim specialises in judicial review and sports law. He has…
COVID REPEATS 15: MISSIVES FROM THE BENCH: “THAT ONE’S HALF BLIND AND HALF DEAF – I CALL HIM THE COURT OF APPEAL”
Today we are looking at a post about helpful, or otherwise, judicial observations. These came from Twitter in November 2018. DJ Tynas at Macclesfield I had a hearing in chambers. He was fond of keeping his dogs in there….
CORONAVIRUS CATCH UP 2: COSTS AND BUDGETING
Here there are short snippets of cases relating to costs decision in the past month or so which may have been displaced by the commentary on COVID-19. Rippon Patel And French LLP v Mowlam [2020] EWHC 1079 (QB) An…
LAW CENTRES AND LEGAL NEED DURING LOCKDOWN: GUEST POST FROM SUE JAMES
Sue James was an early member of the (not so) Lonely Litigator’s Club. Following comments made about law centres yesterday I invited Sue to write a guest post on the role of law centres, generally and during the pandemic. Sue…
THE (NOT SO) LONELY LITIGATOR’S CLUB 18: CORI McKEOWN: THE TRAINEE SOLICITOR’S TALE
Our club clearly needs a wide range of members. We have had a pupil barrister join and now we have a trainee solicitor. I wanted some insight into the problems of just starting off in your career and then having…
COVID REPEATS 14: REVIEW OF “MAY IT PLEASE YOU MADAM”: “THE FIFTH DEFENDANT IS A CAT…”
We are looking again at “May it please you Madam” by retired District Judge Neil Hickman. This is not designed as a guide for advocates, indeed the subtitle is “A little book of legal whimsy”. This does do do the book…
REMOTE HEARINGS IN FAMILY CASES: A STUDY WORTH READING (BUT PERHAPS NOT ON THE SCREEN…)
In a remarkably quick amount of time the Nuffield Family Justice Observatory has produced a “rapid consultation” Remote hearings in the family justice system. It is available on a link here. The report is worth reading in full. One point…
CORONAVIRUS CATCH UP 1: DENTON AND RELIEF FROM SANCTIONS
I have, recently, been writing primarily about the impact of coronavirus on lawyers and civil procedure. Some cases in “mainstream” civil litigation have been overlooked. To prevent a “backlog” of cases here is a link to, and brief summary of,…
COVID REPEATS 13: “CLOSING ARGUMENT WAS … AND EYE-GLAZING, BUM-NUMBING, DISC-HERNIATING TOTAL OF 662 PAGES”
For this repeat we are staying with Mr Justice J.W. Quinn, this time looking at his judgment in The Hearing Clinic (Niagara Falls) Inc -v- Ontario Ltd, Lewis & Lewis 2014 ONAC 5831 (CanLii) It is a judgment worth looking at again, not…
APPLICATION TO ADJOURN REMOTE HEARING REFUSED: “Some people are much better at lying than others and that will be no different whether they do so remotely or in court”
In the judgment given this morning in A Local Authority v Mother [2020] EWHC 1086 (Fam) Mrs Justice Lieven considered the recent guidance on remote hearings and refused to adjourn an ongoing hearing. “We have had five days of evidence…
COVID REPEATS 12: THINGS LAWYERS DO TO ANNOY JUDGES: “EVERY PIECE OF PAPER THAT LEAVES YOUR OFFICE IS AN ADVERTISEMENT FOR YOU AND YOUR LAW FIRM”
Here we are looking again at the advice given by the Canadian judge Mr Justice Joseph W. Quinn A Judge’s View: Things Lawyers Do to Annoy Judges; Things They Do to Impress Judges“.* This whole talk is worth reading, for…
ASSESSING DAMAGES IN PERSONAL INJURY CASES: WHEN THE JUDGES GO “BACK TO BASICS” (AND WHY IT MATTERS)
I am giving a webinar on Thursday on “The Fundamentals of Personal Injury Damage”. The starting point is the “basic” element of personal injury damages – to put the claimant back in the position they would be if they had…
THE NOT SO LONELY LITIGATOR’S CLUB 17: GORDON DALYELL: MEMBERSHIP FROM NORTH OF THE BORDER
Membership of our club is not confined to any one jurisdiction. Gordon Dalyell was invited to become our first club member in Scotland (and also because there can never be enough Gordons in any organisation). Gordon is a partner with…
COVID REPEATS 11: IF THEY SAY IT WILL BE “GOOD EXPERIENCE FOR YOU” – WATCH OUT…
Here we are looking again at the good advice given by lawyers, and others, on Twitter in January 2017. It may make more sense to start at the bottom of this post and follow the timeline upwards. Whichever way you…
BID FOR A SIGNED COPY OF THE SECRET BARRISTER’S LATEST BOOK: RAISE FUNDS FOR THE BILLABLE HOUR: MONEY THAT IS BADLY NEEDED
Thanks to to generosity of The Secret Barrister I am able to offer a special signed copy of their forthcoming book Fake Law to the highest bidder in an auction to raise funds for the Billable Hour. This is a critical…
ARTICLE IN THE BARRISTER MAGAZINE: “THE BAR IN A TIME OF CRISIS: A RESPONSE WE CAN BE PROUD OF”
I have written an article in The Barrister magazine available here. It deals with the many remarkable responses individual chambers made to the COVID-19 crisis, providing a wealth of online material and resources WHY I HESITATED I explain the…
CIVIL PROCEDURE (NOT-CORONAVIRUS): BLOG AND ARTICLES ROUND UP – APRIL 2020
There is still plenty of non-covid work going on as evidenced by these links to posts and articles in April. Costs Costs Barrister Non party costs orders considered Costs Barrister Principle and non party costs orders Costs Barrister Non party costs orders…
CIVIL PROCEDURE (CORONAVIRUS): BLOG AND ARTICLES ROUND UP – APRIL 2020
We may not have been getting out much this month but there has been plenty of material on civil procedure, the courts and coronavirus. Courts Herbert Smith Freehills Courts relax rules on agreeing extensions to procedural deadlines in light of COVID-19…
INCREASE IN FATAL ACCIDENT BEREAVEMENT AWARD FROM TODAY: A FEW THINGS TO NOTE ABOUT THE BEREAVEMENT AWARD
The bereavement award paid under the Fatal Accidents Act 2020 has increased to £15,210. However that increase only applies where the cause of action accrues on or after 1st May 2020. It has no relevance to ongoing cases, see The Damages…
COVID REPEATS 10: DON’T MAKE THE MISTAKE OF THINKING A JUDGE IS THE USHER: MORE ADVICE FROM MORE WISE PEOPLE
Here we are looking at advice given in January 2017 from contributors across Twitter all of whom volunteered advice to young lawyers. Every one of these is basically a pearl of wisdom. It is important that I point out that…
MORE ON REMOTE HEARINGS: THE DANGERS OF INJUSTICE: COURT OF APPEAL DECISION (IT MAY BE DIFFICULT TO DO JUSTICE OVER THE TELEPHONE IN THE COURSE OF A OVER-BUSY LIST)
In B (Children)(Remote Hearing: Interim Care Order) [2020] EWCA Civ 584 the Court of Appeal set out some of the dangers of remote hearings and the need to take considerable care when important decisions are being made. It is also…
THE (NOT SO) LONELY LITIGATOR’S CLUB 16: SHAYLLA SHABBIR: THE PUPIL’S VIEW
This is the time of year when pupil barristers are starting to be let lose to hone their skills in courts and tribunals up and down the country. At the moment they are stuck at home. I asked pupil barrister …
REMOTE HEARINGS: CHILDREN CASES: GUIDANCE FROM THE COURT OF APPEAL
Civil litigators may well be able to gain some assistance from the guidance being given in children cases. The Court of Appeal gave judgment today in Re A (Children) (Remote Hearing: Care and Placement Orders). a-children-judgment-300420 [2020] EWCA Civ 583…
A DRAFT JUDGMENT IS NOT AN INVITATION TO TREAT: PARTIES SHOULD NOT ATTEMPT TO REOPEN THEIR CASE
In Michael Wilson & Partners Ltd v Sinclair & Anor (No. 2) [2020] EWHC 1017 (QB) Mr Justice Chamberlain added a postscript to the judgment about attempt to “re-open” draft judgments. “Professional lawyers ought to know that the circulation of…
LITIGATION, CASHFLOW AND COVID 2: INTERIM PAYMENTS ON ACCOUNT OF COSTS
It is often said that cashflow is the lifeblood of business and this is never more so than in the current situation. Here we are looking at orders for interim payments when a case, or an issue in a case,…
COVID REPEATS 9: A LOT OF WISDOM ABOUT LEGAL PRACTICE FROM A LOT OF PEOPLE
This is a repeat of a post that contained a lot of wisdom from a lot of people. Lawyers (including judges) on Twitter sent in dozens of contributions on advice to young lawyers. All of it is worth repeating (and…
THE (NOT SO) LONELY LITIGATOR’S CLUB 15: TIM PHIPPS: A SHORT TRIP ACROSS THE HUMBER
In our attempt to gain members from a wide geographical area we move away from the major cities and taking a trip over the Humber Bridge. However, once over the bridge, we are not going very far. The first turning…
COVID REPEATS 8: “NEVER WRITE ANYTHING DOWN THAT YOU WOULDN’T WANT READ OUT IN OPEN COURT”
I am repeating this because it is important. One rule that every lawyer should learn is that if you write, type, email or text anything you live with the risk that it could end up being read out in court….
LITIGATION, CASHFLOW & COVID 1: DETAILED ASSESSMENTS CAN STILL GO ON (& HERE’S HOW…)
In the first in a series of litigation and cashflow during the COVID crisis I am recommending that you read a post by my colleague Kevin Latham – How to Make Remote Detailed Assessments Work. LATHAM’S LAWS Kevin sets out…
THE SOLICITOR’S DUTY TO REVIEW THE DOCUMENTS IN LITIGATION: AN INTERESTING POSTSCRIPT
There is an interesting postcript to the judgment of Jon Turner Q.C. (sitting as a Deputy High Court Judge) in Square Global Ltd v Leonard [2020] EWHC 1008 (QB. “It is fundamental that the client must not make the selection…
COVID REPEATS 7: WHAT THEY DON’T TEACH YOU AT LAW SCHOOL V: WEAR SUNSCREEN & HAVE A PLAN
Here I am repeating advice given by a former chairman of the Bar in Kuala Lumpur. Many of the challenges and difficulties that (at some time) you may think are specific to you, are in fact universal issues that lawyers…
COVID-19 NOT A GOOD REASON TO RESTRAIN PRESENTATION OF WINDING UP PETITIONS (ON THE FACTS OF THIS CASE)
In Shorts Gardens LLB v London Borough of Camden Council [2020] EWHC 1001 (Ch) Mr Justice Snowden did not accept that COVID-19 and prospective legislation by the government in relation to insolvency was a good reason to restrain winding up…
PERSONAL INJURY LITIGATORS AND THE CORONAVIRUS (LIVE WEBINAR): 13th MAY 2020
On the 13th May I am giving a webinar looking at the practical implications for personal injury litigators of coronavirus and social isolation. This looks at the rule changes, relevant legislation, case law and guidance in relation to coronavirus. It…
THE (NOT SO) LONELY LITIGATOR’S CLUB 14 : ANONYMOUS DISTRICT JUDGE (2): EXERCISING A “RIGHT OF REPLY”
Our 14th club member is also anonymous. A second District Judge provides some insight into the difficulties of continuing to work throughout the problems caused by COVID-19. Where are you working from now? Home. A market town 60 miles…
The Virtual Workspace: 50 Tips for Effective Video Conferencing: BOOK REVIEW – “BUY” IT QUICKLY…
Andrew King’s book is a testament to the speed at which it is possible for lawyers to act. Just over a fortnight ago Andrew wrote a thread on Twitter setting out his experience of being involved in a virtual trial,…
THE (NOT SO) LONELY LITIGATOR’S CLUB : CENRIC CLEMENT-EVANS: ein haelod cyntaf o Gymru
I am keen we have as wide a geographical spread of members as possible, so the next member is based in Wales. Cenric Clement-Evans, solicitor, lecturer and campaigner, based in Cardiff. Where are you working from now? I was…
COVID REPEATS 6: WHAT THEY DON’T TEACH YOU AT LAW SCHOOL 4: OWNING AND FIXING YOUR MISTAKES
Here we are re-visiting a post based on at an article by Elizabeth Collura in Lawyerist.com – Recognisizing, Owning and Fixing Your Mistakes. This is short but to the point. Mistakes happen, they are rarely disastrous. It is a failure to address…
THE (NOT SO) LONELY LITIGATOR’S CLUB 12: ANONYMOUS DISTRICT JUDGE (1)
I haven’t quite worked out the logistics of our club having anonymous members (I will have to check the constitution carefully). However there are advantages to anonymity, a District Judge (in fact more than one) have agreed to join and…
CONCENTRATION, CORONAVIRUS AND WORK: SOME SITES THAT MAY HELP
One of the difficulties caused by coronavirus is a problem in concentration and focusing. Even people who habitually work from home have increased problems in settling down. Here is a list of links that may help. The advice given may…
COVID REPEATS 5: WHAT THEY DON’T TEACH YOU AT LAW SCHOOL 3: SURVIVE AND THRIVE
Here I am repeating really good, well thought out guidance from the Young Lawyers Group of the Law Society of South Wales. Quite honestly this is the type of guidance that every lawyer starting their career should be given. There…
THE (NOT SO) LONELY LITIGATOR’S CLUB 11: MORAYO FAGBORUN BENNETT
The next member of our club is Morayo Fagborun Bennett a barrister at Hardwicke. She recently lost her home office as it became a bedroom for her youngest child. This couldn’t have happened at a better time… Where are…
THE FUNDAMENTALS OF PERSONAL INJURY DAMAGES: WEBINAR 7th MAY 2020
I am giving a webinar on the 7th May 2020 – 12.00 – 13.00 on the fundamentals of personal injury damages. Many practitioners engage daily in the assessment of personal injury damages without a detailed knowledge of the fundamental principles,…
A LIST OF PRACTICAL GUIDANCE CONCERNING THE OPERATIONS OF COURTS AND TRIBUNALS
There has been a whole host of information relating to the practical operation of courts and tribunals. I am grateful to the barristers at 4-5 Gray’s Inn Square for sending me details of their collection and collation of this material….
APPEAL JUDGE OVERTURNS REFUSAL TO EXERCISE SECTION 33 DISCRETION: DELAY AND PREJUDICE HIGHLY RELEVANT FACTORS
In Gregory v H J Haynes Ltd [2020] EWHC 911 (Ch) Mr Justice Mann overturned a judge’s decision not to exercise their discretion under Section 33 of the Limitation Act 1980. The claimant had been guilty of culpable delay but…
THE (NOT SO) LONELY LITIGATOR’S CLUB 10: PAUL NICHOLLS
The normally ebullient solicitor Paul Nicholls joins our club as a very special member. Paul has been seriously ill with coronavirus, hospitalised, ventilated and was given a 50% chance of survival. He is now back at home and working. Against…
COVID REPEATS 4: WHAT THEY DON’T TEACH YOU AT LAW SCHOOL 2
The fourth “repeat” looks at the second in the series, based on one article by Susan Carter Liebel 9 Things I wish they’d taught me at Law School. “Here I want to recommend a specific article by Susan…
THE (NOT SO) LONELY LITIGATOR’S CLUB 9: SUE JAMES
I am taking advantage of this series to both make new friends and catch up with old ones*. I have known Sue James since we were at university together (a year or two ago now). We were both involved in…
GUIDANCE FOR THE CONDUCT OF REMOTE COSTS HEARINGS: READ ALL ABOUT IT
The Association of Cost Lawyers has a link on its site to agreed guidance for the Guidance of Remote Hearings. This is designed to ensure that assessments can continue remotely during social isolation. Litigation Futures has a useful summary of…
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