EXPERT EVIDENCE NOT ADMITTED: IT WAS NOT NECESSARY AND TOO COSTLY
It must be disheartening for parties who get to trial to find that the judge does not think that the “experts” they have instructed (at great cost) are not regarded by the courts as experts at all. This is exactly…
A BARRISTER OF “GOOD JUDGEMENT”: WHEN THE PERSON WHO USUALLY DOES THE CROSS-EXAMINING IS IN THE WITNESS BOX
The judgment of Mr Justice Jay in Torrance v Bradberry [2020] EWHC 3260 (QB) is one that should be read by every practising lawyer. It is a case of a lawyer as defendant, being accused of negligence in their conduct…
PROVING THINGS 189: IF YOU WANT TO PROVE THE DEPTH OF SOMETHING – TAKE A RULER (OH, AND PHOTOGRAPHS)
In Nash v Hertfordshire County Council [2020] EWHC 3247 (QB) HHJ Lickley QC, sitting as judge of the High Court, dismissed the claimant’s claim for damages. There were numerous witnesses and expert involved. “They took photographs when they were at…
IT’S NOT YOUR OPPONENT’S JOB TO POINT OUT OMISSIONS IN YOUR OWN EVIDENCE: A CLOSER LOOK AT ONE ASPECT OF PJSC TATNEFT
One particular aspect of the judgment in PJSC Tatneft v Bogolyubov & Ors [2020] EWHC 3250 (Comm) that warrants closer investigation. That is the claimant’s argument that it did not have notice that the defendants were going to invite the court…
CLAIMANT REFUSED PERMISSION TO RELY ON NEW WITNESS STATEMENT SERVED PART-WAY THROUGH A TRIAL: LATE WITNESSES COULD NOT BE ALLOWED TO PLUG GAPS
In PJSC Tatneft v Bogolyubov & Ors [2020] EWHC 3250 (Comm) Mrs Justice Moulder refused the claimant’s application for permission to rely on new evidence which was served in the middle of a trial. Not only is this a consideration…
HOW TO LOSE A CASE: SILKY GUIDANCE: IGNORE THE FACTS (THAT ALWAYS HELPS)
Today I am encouraging you to read one of the most authoritative and witty articles I have read about being involved in the civil litigation process. How to Lose a Case is a post by Edmund King QC on the…
WHY AN EXPERT WITNESS MUST EXAMINE THE OBJECTIVE EVIDENCE: WHY MEDICAL RECORDS ARE NORMALLY THE KEY
There are several short passages in the judgment of HHJ Baucher in Ali v The Home Office [2020] EW Misc 27 (CC) which emphasises the need for expert witnesses to consider the objective evidence before reporting. It also shows the…
PROVING THINGS 187: THE CAMERA MAY LIE: THE IMPORTANCE OF DATES ON PHOTOGRAPHS
Today we are journeying into the Family Court to look at the judgment of Mrs Justice Judd in K v G [2020] EWHC 3209 (Fam). It shows the importance of obtaining metadata in relation to documents. In this case the…
MORE ON OPINION EVIDENCE IN WITNESS STATEMENTS: DEFENDANT’S STATEMENT LARGELY STRUCK OUT AS AN ABUSE
The judgment in Flaxby Park Ltd v Harrogate Borough Council [2020] EWHC 3204 (Admin) that was looked at yesterday referred to the earlier case of JD Wetherspoon plc v Harris [2013] 1 WLR 3296. Since that decision pre-dated this blog. I thought it…
WITNESS STATEMENTS SHOULD “NOT MAKE POINTS WHICH ARE ESSENTIALLY A MATTER FOR LEGAL SUBMISSION OR ARGUMENT”: HIGH COURT DECISION
In Flaxby Park Ltd v Harrogate Borough Council [2020] EWHC 3204 (Admin) Mr Justice Holgate made some telling comments on witness statements. Statements should not provide a commentary on documents or make points which are essentially legal submissions or argument. …
DEALING WITH DIFFICULT OPPONENTS: USEFUL LINKS AND HINTS: “NEVER LOWER YOURSELF, HOWEVER TEMPTING”
There was a recent Twitter discussion about the most appropriate means of dealing with “difficult” (meaning most rude) opponents. This led me to look at the guidance that is available for dealing with these issues in the legal profession. Here…
RELIEF FROM SANCTIONS GRANTED WHEN NOTICE TO RELY ON HEARSAY EVIDENCE NOT SERVED AHEAD OF TRIAL
In ST (A Minor) & Anor v L Primary School (Rev 2) [2020] EWHC 1046 (QB) Deputy Master Hill QC granted relief from sanctions where the claimant failed to serve a notice of intention to rely on hearsay evidence prior…
CONTEMPT OF COURT, THE STATEMENT OF TRUTH AND THE CRIMINAL STANDARD OF PROOF: HIGH COURT DECISION FINDS CLAIMANTS IN CONTEMPT OF COURT
In Zurich Insurance Plc v Barnicoat & Anor [2020] EWHC 3127 (QB) David Lock (QC) sitting as a Judge of the High Court considered the difficulties a party seeking an order for contempt of court faces when they do not…
PROVING THINGS 186: WHEN THE ONE WITNESS IN THE CASE HAD LITTLE KNOWLEDGE OF HOW THE FIGURES IN THE SCHEDULE HAD BEEN REACHED – THERE IS TROUBLE AHEAD…
In Crazy Bear Group Ltd v Patel & Anor [2020] EWHC 3023 (Ch) Insolvency and Companies Court Judge Jones (sitting as a Judge of the High Court) considered whether defendants in an action had proven that they had suffered damages…
APPEALS, ISSUES OF FACT AND SAILING IN DIFFERENT OCEANS IN THE COURT OF APPEAL: CLINICAL NEGLIGENCE DECISION TODAY
In Hewes v West Hertfordshire Acute Hospitals NHS Trust & Ors [2020] EWCA Civ 1523 the Court of Appeal reiterated the difficulties faced by an appellant attempting to argue that the judge had erred in relation to findings of the…
COURT REFUSES PARTY PERMISSION TO RELY ON WITNESS STATEMENT SERVED LATE
In RGB Plastering Ltd v TAWE Drylining and Plastering Ltd [2020] EWHC 3028 (TCC) HHJ Jarman QC (sitting as a judge of the High Court) refused the defendant permission to rely on a witness statement that was served late. “Ms…
REMOTE HEARINGS: TRIAL CAN GO AHEAD WITH PARTICIPANTS FROM ABROAD ALLOWED TO WATCH (SUBJECT TO SAFEGUARDS)
In the judgment this morning in Huber & Anor v X-Yachts (GB) Ltd & Anor [2020] EWHC 3082 (TCC) Mr Justice Kerr rejected an argument that participants in a civil trial could not continue to watch the trial if they…
WITNESS STATEMENTS COULD BE DISCLOSED IF MENTIONED IN OPEN COURT: DEPP, THE UNCALLED WITNESSES AND THE MEDIA
There are many aspects of the judgment in Depp II v News Group Newspapers Ltd & Anor [2020] EWHC 2911 (QB) that have gained wide media attention. Here I want to look at two issues in relation to the failure…
SERVICE OF THE CLAIM FORM: WHERE, AND WHY DO THINGS GO WRONG? THE LULL BEFORE THE STORM?
It has been just over four weeks since the previous post on issues relating to service of the claim form. I thought I would take advantage of this lull to remind people potential issues relating to service of the claim…
THE APPROACH OF THE COURT AT TRIAL WHEN A PARTY HAS NOT GIVEN DISCLOSURE: THE BENEFIT OF DOUBT IS AGAINST THEM
In Aegean Baltic Bank SA v Renzlor Shipping Ltd [2020] EWHC 2851 (Comm) Mr Adrian Beltrami QC (sitting as a Judge of the High Court) considered the appropriate approach at trial when a party has been debarred from calling evidence….