COST BITES 189: COSTS OF OVER £1 MILLION FOR ARGUING ABOUT WHETHER THERE SHOULD BE A TRIAL OF A PRELIMINARY ISSUE
There are a number of important observations in the judgment of HHJ Pelling KC, sitting as a High Court Judge, in Viegas & Ors v Cutrale & Ors [2024] EWHC 2778 (Comm). In particular the reminder to commercial litigants that…
MENTIONING WITHOUT PREJUDICE MEETINGS IN WITNESS STATEMENTS: PART OF THE WITNESS STATEMENTS WERE STRUCK OUT
In Bond & Anor v Webster & Ors [2024] EWHC 989 (Ch) Master Bowles (sitting in retirement) granted an application to strike out parts of a witness statement that referred to an offer made at a without prejudice meeting. The…
LATE SKELETON ARGUMENTS DO NOT A HAPPY JUDGE MAKE II: THE COURT MAY IMPOSE SANCTIONS IN APPROPRIATE CASES
In Corfield v Howard [2024] EWHC 2727 (Comm) HH Judge Davis-White KC (sitting as a Judge of the King’s Bench Division) reminded practitioners of the need for skeleton arguments to be filed in time accordance with court orders. …
COST BITES 188: MAKING A PEREMPTORY ORDER FOLLOWING A FAILURE TO PAY INTERLOCUTORY COSTS: THE NEED FOR THE RESPONDENT TO PROVIDE EVIDENCE
In Ahmad v Ouajjou & Anor [2024] EWHC 2213 (Comm) HHJ Pelling KC found it was appropriate to make a peremptory order following the defendants’ failure to pay interlocutory costs orders. (This decision was considered in Ahmad v Ouajjou & Anor…
DEFENDANTS OBTAIN EXTRA TIME TO COMPLY WITH PEREMPTORY ORDER: CPR 3.(2)(a) CONSIDERED
In Ahmad v Ouajjou & Anor [2024] EWHC 2659 (Comm) Mr Justice Bryan granted the defendant an extension of time to comply with a peremptory order to pay costs. The application was made “ahead of time”. CPR 3.9 did not…
ISSUING CLAIMS IN THE TCC: LOCAL IS QUICKER (AND PROBABLY MANDATORY IN ANY EVENT)
We are returning to the judgment of HHJ Stephen Davies in Workman Properties Ltd v Adi Building And Refurbishment Ltd [2024] EWHC 2627 (TCC). This time to look at the judge’s concluding observations as to venue. The failure to issue in…
COST BITES 185: VARYING THE AMOUNT PAYABLE AFTER A CLAIMANT DISCONTINUES: THE COURT CAN TAKE INTO ACCOUNT PRE-DISCONTINUANCE CONDUCT
In her very last judgment in the case of Elphicke v Times Media Ltd [2024] EWHC 2595 (KB) Master McCloud considered the question of whether it is possible for a court to take into account pre-discontinuance conduct when considering whether…
ANOTHER LATE CLAIM FORM CASE: COURT HAD NO POWER TO EXTEND TIME: IF IT DID THEN THE CLAIMANT’S APPLICATION WOULD HAVE BEEN REFUSED IN ANY EVENT
The case of Farnham Town Council v Secretary of State for Levelling Up Housing & Communities & Anor [2024] EWHC 2458 (Admin) (Tim Smith, sitting as a High Court Judge) is far from being the first case about service of…
EXPERTS CAN BE ASKED TO GIVE AN OPINION ON MATTERS OF FACT, EVEN WHEN THOSE FACTS ARE ULTIMATELY FOR THE COURT
There is a short passage in the judgment of Master Davison in The Owners of the “Christos Theo” v The Owners of the “Aliki” [2024] EWHC 2106 (Admlty) which deals with an issue rarely considered by the courts – how…
APPLICATION FOR WASTED COSTS AGAINST CLAIMANT’S SOLICITORS DISMISSED: NO DUTY TO “DUMP” A CLIENT WHEN FUNDAMENTAL DISHONESTY IS ALLEGED
In Williams-Henry v Associated British Ports & Anor (Re Wasted Costs Order) [2024] EWHC 2415 (KB) Mr Justice Ritchie dismissed an application for wasted costs against the claimant’s solicitors. This dismissal took place at “stage one” – with the allegations…
AN “UNRELIABLE” SCHEDULE LEADS TO A CLAIM FOR LOSS OF EARNINGS BEING STRUCK OUT (AND FOUR WEBINARS ON LOSS OF EARNINGS)
The way in which a claim for loss of earnings claim is presented is of crucial importance in most claims for damages. There are a series of four seminars below where many of the essential elements are considered. A case…
CLAIMANT FAILS IN APPLICATION TO HAVE APPEAL JUDGMENT SET ASIDE: THE SOLICITOR SHOULD HAVE NOTICED THE APPEAL HAD BEEN LISTED: LATE SERVICE MEANS COSTS BUDGET WAS ASSESSED AT NIL
The judgment of Mrs Justice Hill in Deng v Zhang & Anor [2024] EWHC 2392 (KB) shows a case with a whole history of errors and mishaps. The claimant failed to file a cost budget in time but obtained relief…
TO ALL THOSE WHO THINK THERE MAY BE TOO MANY CASES ABOUT SERVICE OF THE CLAIM FORM ON THIS BLOG: YOU MAY BE RIGHT BUT HERE’S ANOTHER ONE…
In ETM Contractors Ltd, R (On the Application Of) v Bristol City Council [2024] EWHC 2263 (Admin) refused the claimant’s applications for relief following late issue and lateservice of the claim form. The judgment contains a detailed exposition of why…
PREPARING TRIAL AND APPLICATION BUNDLES: A LITIGATOR’S SURVIVAL GUIDE: WEBINAR 4th DECEMBER 2024
The previous post on Serra -v- Harvey [2024] EWHC 2250 (KB) has led to me finalising a (long-prepared) webinar on bundles. In Serra wasted costs were ordered on an indemnity basis against the claimant’s solicitors because the lateness and condition of the trial bundles. The bundles…
LATE AND “HAPHAZARD” SERVICE OF TRIAL BUNDLES LEADS TO WASTED COSTS ORDER AGAINST CLAIMANT’S SOLICITORS (ON THE INDEMNITY BASIS)
There are numerous cases on this blog about trial bundles. The issues never seem to end and have not been solved by the advent of the electronic bundle. This can be seen in the judgment of Deputy High Court Judge…
THE ADMINISTRATIVE COURT JUDICIAL REVIEW COURT 2024: TIME LIMITS AND PROCEDURAL RIGOUR
The latest Administrative Court Judicial Review Guide is now available and can be found here. It is dated October 2014 but was published yesterday – well ahead of time. I am simply highlighting two aspects of the Guide. “…
WHEN YOU WANT A COURT ORDER BUT DON’T THINK THERE IS ANYONE TO SUE: THINK AGAIN
In Hughes Family Property Co Ltd & Anor v No Defendant [2024] EWHC 2288 (Ch) HHJ Paul Matthews (sitting as a High Court Judge) considered a case where the claimants wanted a declaration from the court, but believed that there…
A SMALL POINT TO WATCH WHEN COMING OFF THE RECORD: YOU HAVE TO GIVE AN ADDRESS WITHIN THE JURISDICTION
In Madison Pacific Trust Ltd v Groza & Anor [2024] EWHC 2307 (Comm) Mr Justice Bryan pointed out an essential requirement for a solicitor who wants to come off the record. The Notice of Change has to give an address…
MAKING APPLICATIONS TO THE COURT: A PRACTITIONER’S GUIDE: WEBINAR 10th SEPTEMBER 2024
It is surprising how many applications are made which do not comply with the most basic requirements of procedure and evidence. This webinar on the 10th September 2024 aims to help practitioners avoid errors and aims to ensure that participants…
BRINGING A REPRESENTATIVE ACTION WAS A FLIGHT OF FANCY: ACTION ON BEHALF OF NUMEROUS PASSENGERS STRUCK OUT
In Smyth v British Airways Plc & Anor [2024] EWHC 2173 (KB) Master Davison struck out an action which claimed to be a “representative action” on behalf of thousands (if not millions) of airline passengers. The judge was sceptical about…
A COUNTER-SCHEDULE THAT TOTALLY TOTALLY FAILED TO DO ITS JOB: COURT REFUSES PERMISSION FOR DEFENDANT TO RELY ON COUNTER-SCHEDULE THAT “SERVES NO PURPOSE WHATSOEVER”
This blog has looked extensively at judicial criticism of schedules of damages over the years. It has to be remembered that counter-schedules also have to be properly drafted. This is emphasised. in the judgment of Mr Justice Julian Knowles in…
NO “VYING AND REVYING”: WITNESS STATEMENTS, EVIDENCE AND LOTS OF OTHER MATERIAL BESIDES: AFTER 287 YEARS OF JUDICIAL PROMPTING HAVE PRACTITIONERS GOT THE MESSAGE?
Anyone involved in civil litigation will spend a great deal of their time reading witness “evidence” which, in reality, is no such thing. Witness statements tend to be seen as an opportunity to put forward opinions, submissions and innuendo. As…
ENTERING JUDGMENT IN DEFAULT: NO DUTY ON THE PARTIES TO HELP EACH OTHER: THE IMPORTANCE OF KNOWING THE RULES
There are some interesting observations in the judgment of HHJ Cadwallader (sitting as a Judge of the High Court) in Thiscompany Ltd & Ors v Welsh & Ors [2024] EWHC 2159 (Comm). It was a case where three of the…
COST BITES 179: CHALLENGING A PROVISIONAL ASSESSMENT: CLAIMANT’S FAILURE TO COMPLY WITH THE RULES LEADS TO CHALLENGE BEING REJECTED
In Christodoulides v Holbech [2024] EWHC 2172 (SCCO) Deputy Costs Judge Roy KC refused a claimant’s application to revisit a provisional assessment. The claimant (the paying party) had not complied with the rules when attempting to challenge the bill and…
THE AUTOMATIC STAY UNDER CPR 15.11 AND RELIEF FROM SANCTIONS: A CASE IN POINT
In Michael Wilson & Partners, Ltd v Short [2024] EWHC 2113 (Ch) Master Clark granted the claimant relief from sanctions in a case that had become automatically stayed under CPR 15.11. This case serves as a reminder, if nothing else,…
COST BITES 178: VALIDITY AND ENFORCEABILITY OF CONTENTIOUS BUSINESS AGREEMENT UPHELD ON APPEAL
In Finnan v Candey Ltd [2024] EWHC 2157 (Ch) HHJ Cadwaller dismissed an appeal against a finding that a solicitor and client had entered into a valid contentious business agreement. The judge held that the finding below, that the appellant…
CLAIMANT’S FAILURE TO PAY COSTS LEADS TO PEREMPTORY ORDER BEING MADE: PUT UP OR SHUT UP…
In Ceto Shipping Corporation v Savory Shipping Inc [2024] EWHC 1897 (Comm) Mr Justice Butcher made a peremptory order following the claimant’s failure to pay costs that had been ordered in interlocutory applications and in other related proceedings. “In the…
STRIKING OUT FOR DELAY: THE DANGERS FOR A COUNTERCLAIMING DEFENDANT IN LETTING SLEEPING DOGS LIE
In Western Avenue Properties Ltd & Anor v SONI & Anor [2024] EWHC 2124 (KB) Master Davison struck out a counterclaim on the grounds of delay. The claim had already been struck out for delay. In these circumstances the principles…
PROVING THINGS 240: PROVING THE “EELES” CRITERIA ON AN APPLICATION FOR AN INTERIM PAYMENT: GAPS IN THE EVIDENCE PREVENT A FINAL DETERMINATION BEING MADE
In XS1 (A Child) v West Hertfordshire Hospitals NHS Trust [2024] EWHC 1865 (KB) Master Stevens adjourned a claimant’s application for a substantial interim payment. The primary ground for this was that there was insufficient evidence before the court to…
“TRENCH WARFARE OF THE MOST ATTRITIONAL KIND”: ALLEGATIONS OF NON-DISCLOSURE AND THE LAW OF DIMINISHING RETURNS: “QUALITY NOT QUANTITY SHOULD BE THE WATCHWORD”
There are some interesting observations in the Court of Appeal judgment today in MEX Group Worldwide Limited v Stewart Owen Ford & Ors [2024] EWCA Civ 959 about the way cases should be presented in relation to allegations of non-disclosure. The Court…
SERVICE OF THE CLAIM FORM ISSUES: CLAIMANT FAILS TO COMPLY WITH MANDATORY REQUIREMENTS: HIGH COURT UPHOLDS THE EXTENSIONS OF TIME
The judgment of Mrs Justice Hill in Graham v Fidelidade – Companhia De Seguros SA [2024] EWHC 2010 (KB) contains some salutary lessons for litigators. In particular the importance of complying the the rules for applying for extensions of time…
COST BITES 176: A WARNING TO ALL WOULD BE INTERVENORS IN CIVIL PROCEEDINGS: IT COULD BE COSTLY (£110,000 IN THIS CASE)
In Betta Oceanway Company v SC Tomini Trading SR (Re Costs) [2024] EWHC 2068 (Comm) Mr Stephen Hofmeyr KC (sitting as a Deputy Judge of the High Court) held that a person who unsuccessfully sought to intervene in civil proceedings…
CAN A COURT STRIKE OUT A CASE ON THE GROUNDS THAT THE CLAIMANT HAS NO REAL INTENTION OF PROCEEDING TO TRIAL? IT CAN – BUT NOT IN THIS CASE
In Lloyd v Hayward & Anor [2024] EWHC 2033 (Ch) HHJ Keyser KC (sitting as a Judge of the High Court) considered the question of whether the delay in the progress of an action should lead to it being struck…
PROVING THINGS 239: THE IMPORTANCE OF BEING ABLE TO PROVE THE DATE THAT VIDEOS WERE TAKEN
We are looking at one particular factual issue that arose in Wye Valley NHS Trust v Murphy [2024] EWHC 1912 (KB). The applicant Trust was unable to prove the date that various videos were taken. Consequently they were unable to…
HARASSMENT PROCEEDINGS: PART 7 OR PART 8 ? FACTUAL DISPUTES MILITATE TRANSFER TO PART 7
We have seen several cases on this blog where the courts have considered the issues caused by the rules requiring that claims for harassment must be issued under Part 8 (however note that there is an important exception, considered in Pattinson…
COST BUDGETS, VARIATIONS AND “SIGNIFICANT DEVELOPMENTS”: JUDGE REFUSES TO REVISE THE BUDGET AFTER TRIAL
In Rahman v Hassan & Ors (Re Consequential Matters) [2024] EWHC 2038 (Ch) HHJ Paul Matthews (sitting as a High Court Judge) refused the claimant’s application that the budget be revised after the trial. The judge held that the matters relied…
PART 36: THE CONSEQUENCES APPLY TO A CLAIMANT’S OFFER EVEN WHEN THERE WAS NO CLAIM FOR A MONETARY AWARD
In Rahman v Hassan & Ors (Re Consequential Matters) [2024] EWHC 2038 (Ch) HHJ Paul Matthews (sitting as a High Court Judge) held that Part 36 applies even when the claim was not, directly, for a monetary award. There was…
ANOTHER FAILED SERVICE OF CLAIM FORM CASE: FAILURE TO SERVE PROPERLY ON A PARTNERSHIP MEANS THE ACTION COMES TO GRIEF
In Goodfellow v Warren Boyes & Archer (A Firm) [2024] EWHC 2015 (KB)Master Thornett rejected an argument that a former partner in a solicitors’ practice had been validly served when proceedings were sent to the company that had purchased that…
A PART 36 OFFER MADE PRE-TRIAL WAS NOT OPEN FOR ACCEPTANCE WHILST QUANTUM WAS BEING ASSESSED: WHEN IS A SPLIT TRIAL NOT A SPLIT TRIAL?
In Wells v Hornshaw & Ors [2024] EWHC 2019 (Ch) Mr Justice Adam Johnson rejected a petitioner’s argument that a Part 36 offer remained open for acceptance. There had been a trial after the Part 36 offer had been made. …
THE CLAIMANT’S CASE WAS NOT STAYED BECAUSE IT COULD NOT PAY INTERLOCUTORY COSTS ORDERS: WON’T PAY IS VERY DIFFERENT TO CAN’T PAY
In J Robbins Capital Partners Ltd v Zamsort Ltd & Ors [2024] EWHC 1990 (Comm) Paul Stanley KC (sitting as a Deputy High Court Judge) refused the defendants’ application that the action be stayed pending the claimant’s payment of interlocutory…
OMNIBUS CLAIM FORMS: COURT MANAGEMENT OF CASES AND “DISAGGREGATION”
A problem with “omnibus” claim forms and subsequent case management was considered in detail in the judgment of Mr Justice Garnham and Master Davison in Adams & Ors v Ministry of Defence [2024] EWHC 1966 (KB). The judgment considered the…
COURT REFUSES TO EXTEND TIME FOR SERVICE OF THE CLAIM FORM: CLAIMANTS COME TO GRIEF
In Playfair & Ors v Pannells LLP & Ors [2024] EWHC 1933 (Ch) Master Brightwell refused the claimants’ application for an extension of time for service of the claim form. The application was made before the time of expiry for…
PERSONAL INJURY: EXAGGERATED CLAIMS: CONTEMPT OF COURT: RUGBY, LIFTING WEIGHTS AND… SOCIAL MEDIA
In Wye Valley NHS Trust v Murphy [2024] EWHC 1912 (KB) Mr Justice Mould found the defendant in contempt of court for exaggerating the extent of his injuries when bringing a claim for damages for personal injury. An interesting aspect…
TEACHER’S APPEAL WAS IN TIME AND IN THE RIGHT COURT: NO REQUIREMENT TO APPEAL TO THE ADMINISTRATIVE COURT
In Sutcliffe v Secretary of State for Education [2024] EWHC 1878 (Admin) Mr Justice Pepperall held that a teacher, exercising a statutory right of appeal to the High Court, had appealed in time when filing an appeal in the King’s…
COST BITES 172: CLAIMANT WHOSE CASE WAS STRUCK OUT HAD TO PAY THE DEFENDANT’S COSTS
In Khokan v Nirjhor (Re Costs) [2024] EWHC 1873 (KB) Mrs Justice Hill rejected an argument that a claimant, whose case had been struck out due to non compliance with a peremptory order, should then not be liable to pay…
COST BITES 171: DEFENDANT WHO RECEIVED LEGAL AID TO DEFEND CIVIL COMMITTAL PROCEEDINGS CAN ONLY RECOVER COSTS AT LEGAL AID RATES
The judgment of Costs Judge Whalan in MBR Acres Ltd & Ors v McGivern [2024] EWHC 1869 (SCCO) highlights an issue that has been on this blog before. A party who obtains legal aid to defendant civil committal proceedings cannot…
COURT MADE PEREMPTORY ORDER THAT CLAIMANT PAY COSTS: ARTICLE 6 RIGHTS NOT INFRINGED
In Khokan v Nirjhor [2024] EWHC 1872 (KB) Mrs Justice Hill granted the defendant’s application for a peremptory order following the claimant’s failure to pay costs ordered against him at an interlocutory hearing. The judge refused the claimant’s application for…
DEFENDANT DID NOT ATTEND TRIAL: APPLICATION FOR REMOTE HEARING NOT ALLOWED: JUDGMENT ENTERED: DEFENDANT’S APPEAL UNSUCESSFUL
In Sobowale v Lendinvest Capital SARL [2024] EWHC 1829 (Ch) Nicola Rushton KC (sitting as a High Court Judge) dismissed a defendant’s appeal against judgment being entered against him when he failed to attend a trial. “There was no…
COST BITES 170: IF YOU MAKE AN APPLICATION, HAVE IT HEARD BUT WITHDRAW IT PRIOR TO JUDGMENT THEN YOU ARE PAYING ALL THE COSTS (ALTHOUGH NOT NECESSARILY ON THE INDEMNITY BASIS)
In Hill v Touchlight Genetics Ltd & Ors [2024] EWHC 1801 Mrs Justice Joanna Smith considered issues relating to costs where the claimant abandoned her application to amend after the hearing, but prior to judgment. The judge held that the…
RESPONDENT GRANTED RELIEF FROM SANCTIONS WHEN WITNESS EVIDENCE WAS SERVED LATE: TO SHUT IT OUT FROM PRESENTING ITS BEST EVIDENCE WOULD BE “WHOLLY UNJUST AND DISPROPORTIONATE”
In Tanfield & Anor v Meadowbrook Montessori Ltd [2024] EWHC 1759 (Ch) ICC Judge Barber allowed a respondent’s application for relief from sanctions when witness evidence was served late. The Denton test was considered and, although the respondent could not…
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