PROVING THINGS 232: CAR FIRES AND EXPERT EVIDENCE: WHY EXPERTS SHOULD MIND THEIR LANGUAGE: A MOVE FROM “MUST” TO “MORE THAN PROBABLE” REPRESENTS A SIGNIFICANT CHANGE
The judgment of Mr Justice Freedman in Nash v Volskwagen Financial Services (UK) Ltd [2023] EWHC 2326 (KB) contains important observations in relation to the law and evidence relating to causation. However I want to look at the judge’s consideration…
COSTS AND FUNDING: LITIGATION FUNDERS CAN PROPERLY BE INTERVENORS IN FAMILY PROCEEDINGS
In Simon v Simon & Anor [2023] EWCA Civ 1048 the Court of Appeal considered the function of a litigation funder in matrimonial proceedings. The role is an important one and those providing funding are entitled to some measure of…
A TARGETED FORM OF ILLEGALITY AS A DEFENCE TO DAMAGES: CAR DRIVER WHO HAD NO MOT FOR DAMAGED CAR COULD NOT RECOVER COSTS OF HIRE OF ALTERNATIVE VEHICLE
In Ali v HSF Logistics Polska SP ZOO [2023] EWHC 2159 (KB) Mr Justice Martin Spencer considered the question of whether there was a “targeted” defence of illegality to a claim for damages which was not as all embracing as…
BACK TO BASICS 98: COPYING THE OTHER SIDE INTO CORRESPONDENCE WITH THE COURT: IT IS DANGEROUS TO ASSUME THAT THESE ARE “ADMINISTRATIVE” MATTERS
I am grateful to barrister Justin Bates for drawing my attention to the final paragraphs of the judgment of Mr Justice Fordham in Debenham-Schon v Anchor Hanover Group [2021] EWHC 3023 (QB). It concerns the duty of a litigant to…
TRIAL JUDGE’S FINDING OF FUNDAMENTAL DISHONESTY OVERTURNED: BECAUSE THE DISHONESTY WAS NOT “FUNDAMENTAL”
In Denzil v Mohammed & Anor [2023] EWHC 2077 (KB) Mr Justice Freedman overturned a finding by a trial judge that a claimant had been fundamentally dishonest. The finding that a minor head injury which was not part of the…
WITNESS STATEMENTS, PART 18 QUESTIONS AND CASE MANAGEMENT: THE MASTER WAS RIGHT TO ORDER THE CLAIMANT TO DISCLOSE HIS WITNESS EVIDENCE FIRST
It has taken to the third time of writing about the decision in Jennings v Otis Ltd & Anor [2023] EWHC 2039 (KB) to get to the detail of what the appeal was actually about. This part of the judgment is important…
EXPERTS: WHY IT IS UNWISE FOR A CLAIMANT TO BE AT A JOINT MEETING ON SITE: WHO SAYS YOU ARE GOING TO BE ABLE TO CALL EXPERT EVIDENCE ANYWAY? HIGH COURT DECISION
We are returning to the judgment of Mr Justice Cotter in Jennings v Otis Ltd & Anor [2023] EWHC 2039 (KB). This time looking at the observations made in relation to experts. Firstly it was unwise for a claimant to be present,…
ISSUING HIGH VALUE PERSONAL INJURY AND CLINICAL NEGLIGENCE CLAIMS: LOCAL IS USUALLY BEST: HIGH COURT DECISION
I am grateful to all those readers who brought my attention to the judgment of Mr Justice Cotter in Jennings v Otis Ltd & Anor [2023] EWHC 2039 (KB), in particular to the section on the wisdom of issuing in local…
DENTON PRINCIPLES APPLY TO APPLICATIONS TO SET ASIDE DEFAULT JUDGMENTS: COURT OF APPEAL DECISION TODAY
In FXF v English Karate Federation Ltd & Anor [2023] EWCA Civ 891 the Court of Appeal stated, categorically, that the Denton principles must be considered where a defendant applies to set aside a default judgment. Firstly there was binding…
A MULTI-LINGUAL WITNESS IS NOT COMPELLED TO GIVE EVIDENCE IN THEIR “FIRST LANGUAGE”: DECISION PREVENTING CLAIMANT GIVING EVIDENCE OVERTURNED ON APPEAL TO THE HIGH COURT
I am grateful to Ten Legal Associates Ltd for sending me a copy of the judgment of Mr Justice Freedman in Afzal -v- UK Insurance Ltd [2023] EWHC 1730 (KB), a copy of that judgment is available here. AFZALJUDGMENT TRANSCRIPT …
COST BITES 95: A SOLICITOR’S BILL IS “PAID” WHEN FUNDS ARE DEDUCTED FROM DAMAGES AND A COMPLIANT BILL SENT TO THE CLIENT
In Menzies v Oakwood Solicitors Ltd [2023] EWCA Civ 844 the Court of Appeal held that a solicitors bill is “paid” when the claimant’s solicitor sends a compliant bill to the claimant, after deducting damages. The Court, it has to…
INTEPRETERS’ FEES ARE RECOVERABLE IN THE FIXED COSTS REGIME: COURT OF APPEAL DECISION
In Santiago v Motor Insurers’ Bureau [2023] EWCA Civ 838 the Court of Appeal held that the costs of interpreters are recoverable under the fixed costs regime. It is an indictment of the wholly inadequate thought given to the fixed…
JUST LET GO: COURTS CANNOT FORCE A LITIGATION FRIEND TO KEEP ON ACTING: HIGH COURT DECISION
In Major v Kirishana [2023] EWHC 1593 (KB) Mr Justice Cotter allowed an appeal in which a judge had refused a Litigation Friend’s application to terminate their appointment. The judgment makes it clear that there will be very few circumstances…
PROVING THINGS 229: CLAIMANT FAILS TO PROVE CERTAIN HEADS OF DAMAGES: DECISION UPHELD ON APPEAL
The judgment of Mr Justice Ritchie in Lal v Reeder [2023] EWHC 1437 (KB) is a classic example of a failure to prove things. The trial judge found that the claimant had failed to establish certain heads of damage. That…
PART 36, LATE ACCEPTANCE AND QOCS: COURT OF APPEAL DECIDE AN UNUSUAL ISSUE: A COURT CANNOT MAKE AN ORDER PROTECTING A PARTY AGAINST A POTENTIAL CHANGE IN THE RULES
In Tabbitt v Clark [2023] EWCA Civ 744 the Court of Appeal rejected an application for a declaration that would have “future proofed” the claimant’s position in relation to liability for costs following late acceptance of the defendant’s Part 36…
“GIVEN THE INCOMPETENT WAY THE LITIGATION HAD BEEN CONDUCTED TO DATE”: CIRCUIT JUDGE WAS RIGHT TO REFUSE AND ADJOURNMENT AND RIGHT IN STRIKING OUT THE CLAIM
In Brem v Clark & Anor [2023] EWHC 1358 (KB) Mr Justice Martin Spencer dismissed an appeal against a decision to strike out an action. The claimant’s counsel failed to attend at the hearing, but the judge was correct to…
ANOTHER CLAIM FORM ISSUE: NO SEAL NO CASE: “SERVICE MEANS HAVING A SEALED CLAIM FORM IN HAND WHICH CAN BE PROVIDED TO THE DEFENDANT”
In Clewer v Higgs & Sons (a firm) [2023] EWHC 1556 (Ch) Mr Justice Adam Johnson upheld a decision that the claimants had failed to serve a claim form properly. The judge held that the requirement to serve a sealed…
COURT OF APPEAL UPHOLDS DECISION NOT TO GRANT RELIEF FROM SANCTIONS: PROBLEMS WITH ISSUE, SERVICE AND NOTICE OF APPLICATIONS: ALL LITIGATION LIFE IS HERE…
In Elo Trustees Ltd v Bonhams 1793 Ltd & Anor [2023] EWCA Civ 664 the Court of Appeal upheld a decision not to give relief from sanctions. The case is illustrative of a large number of the dangers of litigation….
CLAIMANTS COME TO GRIEF OVER SERVICE OF UNSEALED CLAIM FORM: COURT OF APPEAL HOLD THAT CPR 3.10 APPLIES TO DEFENDANT’S MISCARACTERISED APPLICATION
It is rarely possible to get to the end of a month without some kind of discussion on this blog about service of the claim form. This month is no exception. In Pitalia & Anor v NHS England [2023] EWCA…
3,450 CLAIMANTS CAN USE THE SAME CLAIM FORM: DIVISIONAL COURT DECISION ON CPR 7.3.
I am grateful to David Platt KC for sending me a copy of the decision of the Divisional Court in Abbott -v- Ministry of Defence [2023] EWHC 1475 (KB). The Court overturned a previous decision of a Master and allowed…