PART 36 CONSIDERED IN DETAIL: PRE-ISSUE OFFER WAS VALID; EMAIL SERVICE DID NOT NUGATE THE OFFER: DEFENDANT TO BEAR (MOST OF) THE USUAL CONSEQUENCES

PART 36 CONSIDERED IN DETAIL: PRE-ISSUE OFFER WAS VALID; EMAIL SERVICE DID NOT NUGATE THE OFFER: DEFENDANT TO BEAR (MOST OF) THE USUAL CONSEQUENCES

There are some interesting discussions and findings in relation to the rules relating to Part 36 offers in the judgment of Vernonique Buehrelen KC (sitting as a High Court Judge) in Coldunell Ltd v Hotel Management International Ltd [2022] EWHC…

YOU SHOULD REALLY NOTICE WHEN YOU HAVE FAILED TO COMPLY WITH A COURT ORDER AND REQUIRE RELIEF FROM SANCTIONS: "THE COURT'S PATIENCE WAS BEING SORELY TESTED"

YOU SHOULD REALLY NOTICE WHEN YOU HAVE FAILED TO COMPLY WITH A COURT ORDER AND REQUIRE RELIEF FROM SANCTIONS: “THE COURT’S PATIENCE WAS BEING SORELY TESTED”

A short part of the judgment of Master Stevens in  Bailey v Bijlani & Anor [2022] EWHC 2821 (KB) records the fact that the applicant defendant required relief from sanctions, but was not proposing to ask for it. “… I…

RELIEF FROM SANCTIONS REFUSED: TRIAL BUNDLES, LATE WITNESS STATEMENTS AND LATE DISCLOSURE: CASES NEED TO BE PREPARED PROPERLY

RELIEF FROM SANCTIONS REFUSED: TRIAL BUNDLES, LATE WITNESS STATEMENTS AND LATE DISCLOSURE: CASES NEED TO BE PREPARED PROPERLY

I am grateful to my colleague Eleanor Temple for sending me a copy of the decision of HHJ-Davis-White KC in the case of Ball -v- Ball (11th October 2022), a copy of the judgment is available here Ball v Ball…

COST BITES 36: THE POINT OF A PAYMENT ON ACCOUNT IS TO REIMBURSE THE SUCCESSFUL PARTY IMMEDIATELY

COST BITES 36: THE POINT OF A PAYMENT ON ACCOUNT IS TO REIMBURSE THE SUCCESSFUL PARTY IMMEDIATELY

In Tulip Trading Ltd v Ver [2022] EWHC 2970 (Ch) Mrs Justice Falk considered the factors involved when making an interim payment on account of costs. “The point of a payment on account is to provide the successful party with…

A PARTY CANNOT SIMPLY ADD A PENAL NOTICE TO A COURT ORDER: IF THE COURT DOESN'T ORDER IT THEN IT SHOULD NOT BE IN THE ORDER

A PARTY CANNOT SIMPLY ADD A PENAL NOTICE TO A COURT ORDER: IF THE COURT DOESN’T ORDER IT THEN IT SHOULD NOT BE IN THE ORDER

In  Taray Brokering Ltd, Re [2022] EWHC 2958 (Ch) HH Pearce held it was not open to a party to place a penal notice on a court order when the court itself had not placed such a notice on the…

HAVE THE  DEFENDANTS' SOLICITORS STATED THAT THEY WILL ACCEPT SERVICE? ANOTHER TRICKY CLAIM FORM ISSUE

HAVE THE DEFENDANTS’ SOLICITORS STATED THAT THEY WILL ACCEPT SERVICE? ANOTHER TRICKY CLAIM FORM ISSUE

In Motorola Solutions, Inc & Anor v Hytera Communications Corporation Ltd & Ors [2022] EWHC 2887 (Comm) Mr Justice Picken considered an issue relating to valid service.   A firm of solicitors, that stated it would accept service of proceedings, argued…

COST (MEGA) BITES 35: THE DETAILED ASSESSMENT THAT LASTED 104 DAYS : COSTS JUDGE REFUSES TO VARY EARLIER DECISION

COST (MEGA) BITES 35: THE DETAILED ASSESSMENT THAT LASTED 104 DAYS : COSTS JUDGE REFUSES TO VARY EARLIER DECISION

In Deutsche Bank AG v Sebastian Holdings Inc. & Anor [2022] EWHC 2920 (SCCO) Senior Costs Judge Gordon-Saker gave a judgment which finalised a detailed assessment that had lasted 104 days.  The judge found that, prior to the assessment concluding, …

WHEN SHOULD COSTS BE SUMMARILY ASSESSED OR SUBJECT TO DETAILED ASSESSMENT? HIGH COURT CONSIDERS THE ISSUES

WHEN SHOULD COSTS BE SUMMARILY ASSESSED OR SUBJECT TO DETAILED ASSESSMENT? HIGH COURT CONSIDERS THE ISSUES

In Brake & Anor v Guy & Ors (Costs) [2022] EWHC 2907 (Ch) HHJ Paul Matthews (sitting as a High Court Judge) considered an argument that the costs of an application should be subject to detailed assessment rather than summarily…

CIVIL PROCEDURE BACK TO BASICS 94: CLAIMANTS - DO NOT SHOW APPROVAL ADVICES TO THE DEFENDANT

CIVIL PROCEDURE BACK TO BASICS 94: CLAIMANTS – DO NOT SHOW APPROVAL ADVICES TO THE DEFENDANT

An issue I have seen periodically, but twice this week, is a belief by some claimant solicitors that an advice obtained for the purpose of approval of a civil action for a protected party has to be shown to the…

DEFENDANT GRANTED SUMMARY JUDGMENT ON A SINGLE EVIDENTIAL ISSUE: CPR 24.2 CAN BE USED IN THIS CONTEXT

DEFENDANT GRANTED SUMMARY JUDGMENT ON A SINGLE EVIDENTIAL ISSUE: CPR 24.2 CAN BE USED IN THIS CONTEXT

In Holdgate v Bishop [2022] EWHC 2850 (KB) Master Thornett granted the defendant’s application for summary judgement on a specific issue.   The Master granted the defendant judgment on the issue of whether the claimant had instructed solicitors to sell land…

DEFENDANT SOLICITOR IN COSTS ASSESSMENT NEED NOT RESPOND TO PART 18 REQUESTS ABOUT PREMIUMS: "THE GENERAL QUESTIONS POSED ARE A PARADIGM EXAMPLE OF A FISHING EXPEDITION"

DEFENDANT SOLICITOR IN COSTS ASSESSMENT NEED NOT RESPOND TO PART 18 REQUESTS ABOUT PREMIUMS: “THE GENERAL QUESTIONS POSED ARE A PARADIGM EXAMPLE OF A FISHING EXPEDITION”

I am grateful to Nick McDonell  from Kain Knight for sending me a copy of the judgment of Costs Judge Rowley in Brown -v- JMW Solicitors LLP [2022] 2848 (SCCO).  In that case the judge refused to make an order…

PROVING THINGS 242: A SOLICITOR'S SHORTHAND NOTE OF WHAT HAPPENED IN THE MAGISTRATES' COURT IS NOT GOING TO CARRY ANY WEIGHT AT ALL

PROVING THINGS 242: A SOLICITOR’S SHORTHAND NOTE OF WHAT HAPPENED IN THE MAGISTRATES’ COURT IS NOT GOING TO CARRY ANY WEIGHT AT ALL

The judgment of Mr Justice Garnham in Correia v Williams [2022] EWHC 2824 (KB),  was looked at yesterday on this blog. The judgment also contains an interesting approach to civil evidence at trial. The claimant’s solicitor prepared a witness statement annexing her…

COST BITES 34: INTERLOCUTORY COSTS ORDERS CAN BE MADE AGAINST PARTIES WITH THE PROTECTION OF QOCS (IT IS ENFORCEMENT THAT MAY BE AN ISSUE)

COST BITES 34: INTERLOCUTORY COSTS ORDERS CAN BE MADE AGAINST PARTIES WITH THE PROTECTION OF QOCS (IT IS ENFORCEMENT THAT MAY BE AN ISSUE)

In Atmani & Ors v Royal Borough of Kensington & Chelsea & Ors [2022] EWHC 2618 (KB) Senior Master Fontaine considered the costs consequences of the decisions made in her judgment, considered in an earlier post.  The Master held that…

JUDGMENT ON ADMISSIONS ONLY AVAILABLE WHERE LIABILITY TO PAY DAMAGES IS ADMITTED: INTERIM COSTS ORDERS REQUIRE SCHEDULES TO BE AT COURT: LESSONS FROM THE GRENFELL LITIGATION

In Abdel-Kader & Ors v Royal Borough of Kensington and Chelsea & Ors [2022] EWHC 2006 (QB)Senior Master Fontaine considered the basis for applying for judgment and interim costs.   The claimants had not identified the basis upon which judgment was…

TWO ISSUES: WITNESS CREDIBILITY: ATTEMPTING TO RE-OPEN A JUDGMENT ON THE BASIS OF OMISSIONS IN THE JUDGMENT: ADVOCATES NEED TO CONSIDER THE POSITION CAREFULLY

TWO ISSUES: WITNESS CREDIBILITY: ATTEMPTING TO RE-OPEN A JUDGMENT ON THE BASIS OF OMISSIONS IN THE JUDGMENT: ADVOCATES NEED TO CONSIDER THE POSITION CAREFULLY

There are two aspects of the judgment of Mr Justice Mostyn in  Cazalet v Abu-zalaf [2022] EWFC 119 that are of general interest to litigators. Firstly the judge’s observations as to witness credibility. Secondly the observations in relation to re-opening…

ONCE AGAIN: COMMENTARY AND COMMENT IN A WITNESS STATEMENT: IT NEVER HELPS (THE CLIENT) AND IS ALMOST ALWAYS HARMFUL

ONCE AGAIN: COMMENTARY AND COMMENT IN A WITNESS STATEMENT: IT NEVER HELPS (THE CLIENT) AND IS ALMOST ALWAYS HARMFUL

We see a familiar story in the judgment of HHJ Stephen Davies (sitting as a High Court judge) in Thomas Barnes & Sons Plc v Blackburn with Darwen Borough Council [2022] EWHC 2598 (TCC).  The witness statements of the claimant…

WHAT GOES ON IN LEEDS STAYS IN LEEDS: ANOTHER MISSIVE FROM THE ADMINISTRATIVE COURT

WHAT GOES ON IN LEEDS STAYS IN LEEDS: ANOTHER MISSIVE FROM THE ADMINISTRATIVE COURT

In Bhimsinhji & Anor v Secretary of State for the Home Department (Determination as to Venue) [2022] EWHC 2556 (Admin) Mr Justice Fordham reiterated a point that has been made several times before in relation to venue for hearing in…

COST BITES 23: CLAIMANT FAILS IN APPLICATION FOR DELIVERY OF A SOLICITOR'S BILL OF COSTS: CHAMBERLAIN BILLS HAD BEEN SENT; A SIGNATURE ON AN EMAIL WAS SUFFICIENT; ELECTRONIC DELIVERY COMPLIED WITH THE SOLICITORS ACT

COST BITES 23: CLAIMANT FAILS IN APPLICATION FOR DELIVERY OF A SOLICITOR’S BILL OF COSTS: CHAMBERLAIN BILLS HAD BEEN SENT; A SIGNATURE ON AN EMAIL WAS SUFFICIENT; ELECTRONIC DELIVERY COMPLIED WITH THE SOLICITORS ACT

In Elias v Wallace LLP [2022] EWHC 2574 (SCCO) Senior Costs Judge Gordon-Saker dismissed the claimant’s application for a delivery of a bill of costs. He found that (i) the bills delivered were “Chamberlain” bills and had sufficient information for…

PROCEDURAL AND EVIDENTIAL PROBLEMS WHEN REPRESENTING FOREIGN DEFENDANTS: WITNESSES COULD NOT GIVE EVIDENCE BY VIDEO LINK: AN INCORRECT TRANSLATION OF A REPORT HAD BEEN PROVIDED

PROCEDURAL AND EVIDENTIAL PROBLEMS WHEN REPRESENTING FOREIGN DEFENDANTS: WITNESSES COULD NOT GIVE EVIDENCE BY VIDEO LINK: AN INCORRECT TRANSLATION OF A REPORT HAD BEEN PROVIDED

The judgment of HHJ Howells in Evans v R&V Allgemeine Verischerung AG [2022] EWHC 2436 (QB) shows the difficulties that can occur when representing foreign defendants.   The defendant was not permitted to allow witnesses to give video evidence from abroad. …

A WEEK IS A LONG TIME IN POLITICS: FOUR WEEKS IS EVEN LONGER IN LAW: CLAIMANT REFUSED INJUNCTION BECAUSE THEY HAD NOT ISSUED PROCEEDINGS

A WEEK IS A LONG TIME IN POLITICS: FOUR WEEKS IS EVEN LONGER IN LAW: CLAIMANT REFUSED INJUNCTION BECAUSE THEY HAD NOT ISSUED PROCEEDINGS

In Hayes v Pack & Ors [2022] EWHC 2508 (KB) Mr Justice Johnson refused to grant an injunction.  The unusual nature of the application should not hide the fact that the application was refused because the claimant had failed to…