LATE COSTS BUDGET: RELIEF FROM SANCTIONS GRANTED: DEFENDANT DROPPED THE BALL BUT THIS WAS FORGIVABLE
In Manchester Shipping Ltd v Balfour Shipping Ltd & Anor [2020] EWHC 164 (Comm) Lionel Persey QC (sitting as a Deputy High Court Judge) granted relief from sanctions to a defendant who had filed a costs budget late. The case…
WITNESS STATEMENTS, WITNESS EVIDENCE AND SELF-PROTECTION FOR THE LAWYER
Every few years I repeat advice given in relation to the need for “self-protection” when drafting witness statements. This is often caused by something I have seen in practice, questions I am asked, or a transcript of a case. The…
BILL OF COSTS STRUCK OUT IN FIXED COSTS CASE: CPR 36.20(11) GIVES RISE TO A “DIFFERENT, SELF-CONTAINED PROCEDURE” FOR DISPUTES AS TO DISBURSEMENTS
In Nema v Kirkland [2019] EWHC B15 (Costs) Master Leonard struck out a claimant’s bill of costs on the grounds that the action was subject to the fixed costs regime and an assessment should never have been sought. The rules…
STAYING SANE AS A LITIGATOR 9: SHARING THE “PAIN”
Most of the burden of complying with time periods and court orders lies with the solicitor. However a solicitor’s life can be made easier by making sure that all those concerned with the litigation process know of the deadlines involved…
GDPR AND THE CIVIL LITIGATOR (1) : USEFUL LINKS FOR LITIGATORS
The post earlier this week that highlighted the fact that an applicant had spent £40,000 unsuccessfully trying to obtain documents that would have been freely available under GDPR has led me to contemplate a series of articles on litigators and…
SEEKING FURTHER DISCLOSURE: DON’T GO IMPORTING STONES FROM A NEIGHBOURING QUARRY: DISCLOSURE PILOT PREVAILS
In Maher v Maher & Anor [2019] EWHC 3613 (Ch) HHJ Hodge (sitting as a High Court Judge) refused an application for disclosure. There are a number of important points here, including the need for an application for further disclosure to…
THE COSTS OF PRE-ACTION DISCLOSURE: IS IT WORTH THE RISK? £40,000 SPENT IN COSTS FOR DOCUMENTS THAT WERE AVAILABLE UNDER GDPR
I am looking again at the decision in Hussain v Medical Defence Union & Anor [2020] EWHC 157 (QB). This time I am looking at the order in relation to costs. The application cost in excess of £40,000 in relation to…
APPLICATION FOR PRE-ACTION DISCLOSURE: COURT’S DISCRETION EXERCISED AGAINST THE APPLICANT
In Hussain v Medical Defence Union & Anor [2020] EWHC 157 (QB) Clive Sheldon QC (sitting as a High Court judge) refused an application for pre-action disclosure. This judgment makes it clear that pre-action disclosure is, ultimately, a matter of…
PROVING THINGS 173: FAILING TO PROVE ANY KIND OF PAST OR FUTURE LOSS OF EARNINGS: A BLAMIRE AWARD IS NOT A SUBSTITUTE FOR EVIDENCE
There is another aspect of the judgment of Mr Justice Chamberlain in BXB v Watch Tower And Bible Tract Society of Pennsylvannia & Anor [2020] EWHC 156 (QB) that merits attention. Th claimant sought damage for loss of earnings but these…
APPLICATION UNDER SECTION 33 SUCCEEDS MORE THAN 24 YEARS AFTER EXPIRY OF LIMITATION PERIOD
In BXB v Watch Tower And Bible Tract Society of Pennsylvannia & Anor [2020] EWHC 156 (QB) Mr Justice Chamberlain allowed the claimant’s application under Section 33 of the Limitation Act in a case that was issued more than 24…
CIVIL PROCEDURE AND COSTS: BLOG AND ARTICLES ROUND UP – JANUARY 2020
Links and articles to blog posts and articles available online in January 2020 Costs Costs Barrister Conditional fee agreements and contentious business agreements Association for Costs Lawyers Oversight regulator praises CLSB’s “considerable progress” Association for Costs Lawyers Offer acceptanc… Enjoying this post? Become…
PROVING THINGS 172: SPECULATION BY THE DEFENDANT IS NOT EVIDENCE: A CLINICAL NEGLIGENCE CASE
The judgment of Mr Justice Turner in Morrison v Liverpool Women’s NHS Foundation Trust [2020] EWHC 91 (QB) is another illustration of a party asserting something but having no evidence to support it. This time it was a defendant whose…
JOINDER OF NEW PARTIES IN EXISTING PROCEEDINGS 2: THE PRINCIPLES (AND THE COSTS!)
We are looking again at the decision of HHJ Kimbell QC (sitting as a High Court judge) in Molavi v Hibbert & Ors [2020] EWHC, this time relating to the principles to be considered in relation to joinder of additional parties….
JOINDER OF NEW PARTIES INTO EXISTING PROCEEDINGS 1: NOTIFY THE EXISTING PARTIES: THE RULES DON’T SAY SO BUT COMMON SENSE DOES
There are a few interesting procedural matters that flow from the decision of HHJ Kimbell QC (sitting as a High Court judge) in Molavi v Hibbert & Ors [2020] EWHC 121 (Ch). Here we look at the judge’s comments on…
A BAD DAY IN COURT FOR THE CLAIMANT’S SOLICITORS: COMPLICATED, OH SO COMPLICATED CFA AGREEMENTS: BREACHES OF THE INDEMNITY PRINCIPLE AND MISCONDUCT ON ASSESSMENT: AGREEMENTS “SO DARKLY PENNED AS TO BE INCOMPREHENSIBLE”
The judgment of Deputy Master Friston in Anthony v Collins [2020] EWHC B14 (Costs) makes for interesting reading. A highly complex series of conditional fee agreements were held to be in breach of the indemnity principle. There are important lessons…
BOOK LAUNCH: 27th FEBRUARY 2020 – 5 PARK SQUARE, LEEDS
On the 27th February 2020 Kings Chambers in Leeds is holding a book launch to mark the publishing of Munkman and Exall on Damages, 14th edition. We would like to invite all readers of this blog (at home and abroad). …
SOCIAL MEDIA AND THE PERSONAL INJURY LAWYER: WEBINAR 31st MARCH 2020
On the 31st March I am giving a webinar on Social Media and the Personal Injury Lawyer. This webinar looks at two things in detail (i) The ways in which PI lawyers can use social media as a resource to…
JUDGMENT MUST GIVE REASONS (AND NOT SIMPLY INCORPORATE A SKELETON ARGUMENT): THE BAKERS CAN CHALLENGE THEIR ELECTRICITY BILL
In Fine Lady Bakeries Ltd v EDF Energy Customers Ltd & Anor [2020] EWHC 87 (QB) Mrs Justice Farbey allowed an appeal against a Deputy District Judge who had granted summary judgment. The case emphasises the need for a judge…
DAMAGES FOR PAIN AND SUFFERING: THE AWARD SHOULD BE THE SAME: IT DOESN’T MATTER WHETHER YOU ARE RICH OR POOR
The Privy Council decision in Attorney General of St Helena v AB & Ors (St Helena) [2020] UKPC 1 is of considerable interest to personal injury practitioners. Issues relating to awards made for pain and suffering are rarely discussed at…
COURT OF APPEAL DECISION TODAY: “WAREHOUSING” A CLAIM IS NOT AN ALWAYS ABUSE OF PROCESS (AND SHOULD NOT HAVE BEEN STRUCK OUT IN ANY EVENT)
In the judgment today in Alibrahim v Asturion Fondation [2020] EWCA Civ 32 the Court of Appeal confirmed that the court should not have struck out a claim that had been left dormant for a period. “Striking out was a…
REDACTING DOCUMENTS: MAY CAUSE ENQUIRIES TO BE MADE AND EXPLANATIONS MAY NEED TO BE GIVEN
One other aspect of the judgment of HHJ Lethem in Ivanoy -v- Lubble (Central London County Court 17th January 2020) is in the orders made after the judgment. It concerns the redaction of documents. THE CASE The primary issue in the…
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 Ivanov -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…
CIVIL PROCEDURE AND COSTS: BLOG AND ARTICLES ROUND UP – DECEMBER 2019
Links and articles to blog posts and articles available online from December 2019. Costs Costs Barrister Cash flow and catastrophic personal injury litigation Costs Barrister Fixed costs and translation fees Association for Costs Lawyers Court can order costs in foreign…
THINGS TO THINK ABOUT IN THE NEW YEAR: DOES DRESSING FOR COURT MATTER?
One of the primary tasks of an advocate (indeed the primary task) is to persuade judges. That is why so much time is spend on this blog looking at guidance given by judges. The beginning of the year is a good…
PROVING THINGS 170: YOU CAN’T GIVE EVIDENCE BY WAY OF SUBMISSIONS (HONESTLY, YOU CAN’T)
One important aspect of the judgment in Bates & Ors v the Post Office Ltd (No 6: Horizon Issues) [2019] EWHC 3408 (QB) is the judge’s criticism of the defendant’s attempt to give “evidence” at the stage of closing submissions….
2019 AND CIVIL PROCEDURE – A ROUND UP OF THE ROUND UPS: WHAT TO FRET ABOUT AND WHAT NOT TO FRET ABOUT…
There have been a series of annual reviews on key topics throughout December. To round off the year it seemed a good idea to provide a reminder of them all and put the links in one place 2019 AND CIVIL…
CIVIL LITIGATION BRIEF “LAWYER OF THE YEAR 2019”: ISHAN KOLHATKAR : HARD WORK, UNDER PRESSURE OF TIME LED TO A REMARKABLE RESULT
There was never any doubt about who was going to be the “lawyer of the year” – the editor in chief (indeed the only editor) of the Billable Hour Cookbook – Ishan Kolhatkar. THE ACHIEVEMENT Ish took what was…
CIVIL LITIGATION CASE OF THE YEAR: BATES -v- THE POST OFFICE: LITIGATING IN THE FACE OF “INSTITUTIONAL PARANOIA”
There was never any doubt in my mind as to the civil litigation case of the year – Bates -v- The Post Office. All civil litigation is here, witness and expert evidence, allegations of bias, disclosure and much more. One…
2019 AND CIVIL PROCEDURE THE YEAR IN REVIEW: FACTS, FIGURES AND SEARCH TERMS: “CAN A DEAD PERSON BE TAKEN TO COURT?”
The statistics at the end of the year are always interesting (to me at least). The search terms that lead to this blog can be quite illuminating (and sometimes quite alarming…). MOST READ POSTS OF 2019 After seven years…
2019 AND CIVIL PROCEDURE THE YEAR IN REVIEW: COMMITTAL PROCEEDINGS: “THE KANGAROO COURTS OF THE JUSTICE SYSTEM”
In January I wrote “I am starting to lose count of the number of times the Court of Appeal has overturned decisions committing people to prison because of very basic and fundamental failures of procedure. It is as though all…
2019 AND CIVIL PROCEDURE THE YEAR IN REVIEW: WELL BEING: LOOKING AFTER OURSELVES SO WE CAN LOOK AFTER OTHERS
This year has seen a large number of posts on avoiding stress and dealing with the difficulties that lawyers can have in litigation. MARCH: FIND MUGGLES AND DISCONNECT FROM YOUR WORK: “LAWYERS JUST NEED TO HAVE FUN” March had…
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