THE VULNERABLE CLAIMANT GIVING EVIDENCE: GROUND RULES AND INTERMEDIARIES: “I HAVE STRONG RESERVATIONS ABOUT WHETHER ANY OF THE GROUND RULES WERE NECESSARY”
In the judgment today in Morrow v Shrewsbury Rugby Union Football Club Ltd [2020] EWHC 379 (QB) Mrs Justice Farbey gave judgment in a case that involved a vulnerable claimant. The judgment contains some scepticism as to whether the ground…
NEW MANDATORY REQUIREMENTS FOR WITNESS STATEMENTS IN APRIL: STATE THE PROCESS BY WHICH THE STATEMENT WAS OBTAINED
It is worth isolating one aspect of the changes to the rules relating to witness statements coming into force in April as a result of The 113th update to Practice Direction Amendments. That is the mandatory obligation in every witness statement…
WITNESS STATEMENTS IN FOREIGN LANGUAGES: CHANGES COMING INTO FORCE IN APRIL
The 113th update to Practice Direction Amendments introduces important changes to to witness statements in foreign languages (Coming into force from the 6th April 2020). CHANGES TO PRACTICE DIRECTION 22 – STATEMENTS OF TRUTH There are amendments and addition…
EARLY NEUTRAL EVALUATION BY THE COURTS: PRACTICAL GUIDANCE AS TO PROCEDURE AND IMPLEMENTATION
There is a short judgment of Master McCloud today in Telecom Centre (UK) Ltd v Thomas Sanderson Ltd (Early Neutral Evaluation) [2020] EWHC 368 (QB) which contains some important observations on the practical implementation of Early Neutral Evaluation by the…
THE IMPORTANCE OF THE STATEMENT OF TRUTH (3): THE SCARY STUFF (THE REALLY SCARY STUFF)
This is the third (and final) post in the series that examines the importance of the statement of truth. Here we look at the clear and start warnings given by the courts about the importance of the statement of truth….
THE IMPORTANCE OF THE STATEMENT OF TRUTH (2): WHY LAWYERS SHOULD THINK (MORE THAN TWICE) BEFORE SIGNING IT
Given the imminent changes to the statement of truth this is a good time to consider the problems that can occur when a lawyer signs a statement of truth on behalf of their client. There are some cases that make…
THE DISCLOSURE PILOT: GUIDANCE GIVEN AS TO HOW IT SHOULD WORK: NOT A STICK WITH WHICH TO BEAT YOUR OPPONENT
There are two recent cases where the disclosure pilot is considered in detail. In McParland & Partners Ltd & Anor v Whitehead [2020] EWHC 298 (Ch) Sir Geoffrey Vos. Chancellor of the High Court set out some definitive guidance as…
THE IMPORTANCE OF THE STATEMENT OF TRUTH (1): WHY IT NEEDED “BEEFING UP” (THE RULES COMMITTEE COULD HAVE DONE THIS FIVE YEARS AGO…)
Yesterday was, by a long way, the busiest day on this blog ever. The reason for this being that everyone is anxious to know the new wording for the statement truth. There is a need for a short series on…
MORE RULE CHANGES IN APRIL: CHANGES TO THE STATEMENT OF TRUTH: YOU HAVE BEEN WARNED…
We are returning to the 113th update to Practice Direction Amendments. This introduces important changes to to the wording of the statement of truth. (Coming into force from the 6th April 2020). THE AMENDMENT The amendment makes changes to the…
WITNESS STATEMENT SERVED 28 DAYS LATE: RELIEF FROM SANCTIONS REFUSED: ACTION STRUCK OUT: THE PERILS OF DELIBERATELY NOT COMPLYING WITH DIRECTIONS
I am grateful to barrister Andrew Worthley for drawing my attention to, and sending me a note of the decision in Syed -v- Shah [2020] 2 WLUK 15 where Trower J upheld a decision not to grant a claimant relief…
A WITNESS STATEMENT “SIGNED OFF ON, WITH INSUFFICIENT CONSIDERATION AND SCRUTINY”
Lawyers are always, one would hope, telling clients and witnesses to read draft witness statements with care prior to signing them. An example of the problems that a failure to consider the matter in detail can be seen in the…
“GOOD DAYS AND BAD DAYS”: FINDINGS OF FUNDAMENTAL DISHONESTY AT TRIAL – AN EXAMPLE
Last month I reviewed the judgment of Mr Justice Birss in Grant -v- Newport City Council [2018] EWHC 3813. In that case the judge allowed the defendant to adduce surveillance evidence, even though it was adduced late. I am grateful to Mark…
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…
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…
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…
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 acceptance applied only to accident…
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…
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…
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…