AN “UNFORTUNATE CHANGE OF VIEW” BY AN EXPERT: ANOTHER EXAMPLE OF A REPORT NOT BEING ROBUST AND CAUSING DIFFICULTY FOR LITIGANTS
There have been several posts this month about experts, particularly valuation experts. There are short passages in the judgment of Chief Master Marsh in Bakrania & Anor v Shah & Ors [2019] EWHC 949 (Ch) which provide another example. THE…
THE ASSESSMENT OF EXPERT WITNESS CREDIBILITY: THE EARLIER THE BETTER (PARTICULARLY IF IT COSTS SOMEONE £7.5 MILLION)
The judgment of Mr Justice Snowden in Davey v Money & Anor [2019] EWHC 997 (Ch) will, no doubt, be read anxiously by all litigation funders. The judge held that the “Arkin cap” – a limit on the liability of…
WHAT DO LAWYERS DREAM ABOUT? ODD SHOES, PINK HAIR AND BEING LATE FOR COURT
This post started out of a perfectly amicable tweet from law lecturer extraordinaire Snigdha Nag, wishing everyone taking exams good luck. That led some practitioners to reply that they were still having nightmares about law exams. That then led to…
RECORDINGS ARE DOCUMENTS: AN APPROACH TO EVIDENCE THAT WAS UNSATISFACTORY
In the judgment in Guest v Guest & Anor [2019] EWHC 869 (Ch) HHJ Russen (sitting as a High Court judge) commented on the unsatisfactory way in which recordings had been disclosed and produced to the court. It provides a…
ELECTRONIC FILING IN THE QUEEN’S BENCH DIVISION: “LONG OVERDUE MODERNISATION”
You can read the Lord Justice’s speech on the launch of Electronic Filing in the Queen’s Bench Division by following the link here. “It will enable parties to issue claims and applications with ease. Pleadings and other court documents will…
MISTAKES ON A TRAIN: THE DANGERS OF LAWYERS WORKING ON THE MOVE
This post is caused by a Twitter thread this evening. I was travelling on a train and a solicitor sat beside me (who I did not know). I knew she was a solicitor because she took out a laptop and…
MORE ON THE GREAT BUNDLE TAKEAWAY DEBACLE: A “DIFFICULT” QUESTION OF STATUTORY CONSTRUCTION FOR FAMILY LAWYERS
There has been a large amount of comments on the previous posts in relation to taking away of bundles after trial. For family lawyers there is an even greater problem. The “joint notice” from HMCTS endorsed by the Bar Council…
A TINY BIT MORE ON BUNDLES AND THE TAKEAWAY CONDUNDRUM
The earlier post set out HMCTS guidance in relation to the taking away of documents after a hearing. At the same time as HMCTS prepared the Joint Notice the Bar Council issued an explanatory note “Many of you will be…
WITNESS BUNDLES: TAKE THEM AWAY AT THE END OF THE TRIAL – OR ELSE
This has been a week dominated by bundles. To end the week the Bar Council has sent out a joint notice from HMCTS on removal of court bundles. This provides a major incentive to ensure that bundles are, in fact,…
NEW RULES COMING INTO FORCE TOMORROW
Why anyone chose a Saturday as the implementation date for new rules may be a mystery. Nevertheless new rules are in force from tomorrow. Two crucial items: court bundles and writing directly to the court have already been looked at. …
THE RULES THEY ARE A CHANGING: NEW RULES ON BUNDLES FROM THE 6th APRIL 2019
New rules are coming into force on the 6th April. The CPR update can be found here. The most important from the point of view of anyone preparing for a hearing or trial on or after the 6th April is…
CASE MANAGEMENT, “RELEVANCE” AND ATTEMPTS TO HOLD THE COURT “IN TERROREM”: MORE ON THE POST OFFICE CASE (SOME EXTRAORDINARY ISSUES HERE)
I am returning to the judgment in Bates & Ors v Post Office Ltd (No 3) [2019] EWHC 606 (QB) because parts of the judgment set out arguments and conduct of litigation that is, to say the least, unusual. This part…
GIVING NOTICE THAT YOU ARE GOING TO ATTACK AN EXPERT’S CREDIBILITY: ISSUES THAT ARISE WHEN EXPERT’S HAVE PRIOR DEALINGS WITH THE PARTIES
In Hamad M. Aldrees & Partners v Rotex Europe Ltd [2019] EWHC 574 (TCC) Sir Antony Edwards-Stuart expressed concern about an attack on the credibility of an expert witness. In that case there was no evidence to support an assertion that…
EXPERTS WHO CAN’T REPORT IN TIME: BETTER READ THIS: IF YOU CAN’T REPORT ON TIME PROBABLY BEST NOT TO TAKE INSTRUCTIONS AT ALL…
In X and Y (Delay : Professional Conduct of Expert) [2019] EWFC B9 HH Clifford Bellamy (sitting as a Deputy Circuit Judge) made some observations in relation to the role of the expert, particularly when that expert cannot report timeously. The…
TIMING OF APPLICATIONS FOR ANONYMITY: CLAIMANTS SHOULD ACT WELL BEFORE TRIAL
In Zeromska-Smith v United Lincolnshire Hospitals NHS Trust [2019] EWHC 552 (QB) Mr Justice Martin Spencer refused the claimant’s application for anonymity. He made important observations about when such an application should normally be made. THE TIMING OF APPLICATIONS After refusing…
“IF EVER THERE WERE A CASE IN WHICH THE COURT SHOULD REFUSE TO EXERCISE ITS DISCRETION IN FAVOUR OF GIVING THE CLAIMANTS ANY FURTHER INDULGENCE, THIS IS IT”
The judgment in Jetly & Anor v The Secretary of State for the Home Department [2019] EWHC 204 (Admin) sets out a series of surprising events. Mrs Justice Andrews came down very firmly against granting relief from sanctions. Many of the…
PERIODICAL PAYMENTS, ASBESTOS CASES AND THE CONDUCT OF LITIGATION: AMBUSH IS TO BE AVOIDED
In the judgment today in Howard v The Imperial London Hotels Ltd [2019] EWHC 202 (QB) Master Thornett had to consider whether periodical payments were suitable for someone with a very short life expectancy. The judgment is a careful and sensitive…
FRESH PROCEEDINGS CAN BE ISSUED IF FIRST PROCEEDINGS ON BEHALF OF THE DECEASED WERE A NULLITY: DENTON CONSIDERED
In the judgment today in Hutson & Anor, The Personal Representatives of v Tata Steel UK Ltd [2019] EWHC 143 (QB) Mr Justice Turner considered several points relating to the ability of those acting on behalf of an estate to…
PRACTICE NOTE: BUSINESS AND PROPERTY COURTS IN MANCHESTER: NO BUNDLE NO HEARING
Below I reproduce a Practice Note issued Mr Justice Barling, Vice-Chancellor of the County Palatine of Lancaster. It deals with a transition process up to the point where (later this year) parties can file all documents electronically in the Manchester…
LITIGATORS KEEP A CAREFUL LOOK OUT: ITS YOUR DUTY TO MONITOR YOUR EXPERT’S CONDUCT (OTHERWISE ITS YOUR CLIENT THAT SUFFERS)
One specific aspect of the judgment in Mayr & Ors v CMS Cameron McKenna Nabarro Olswang LLP [2018] EWHC 3669 (Comm) that needs emphasising is the duty the case places on a litigant’s lawyers to monitor the conduct of an expert and…