THE MOTOR INSURERS BUREAU IS AN EMANATION OF THE STATE: IT IS LIABLE TO INDEMNIFY CLAIMANT INJURED BY AN “OFF ROAD” VEHICLE
I am grateful to David Gauler of Thompsons, solicitors, for sending me a copy of the judgment of Mr Justice Soole in Lewis -v- Tinsdale & the Motor Insurers Bureau [2018] EWHC 2376 (QB), a copy of which is available…
BACK TO BASICS 16: COSTS BUDGETING: THE GUIDANCE NOTES ON PRECEDENT H
There is much written about the process of costs budgeting. There is much to be said, when preparing for a hearing – and often at the hearing itself, looking at the Practice Direction and Guidance Notes. THE PRACTICE DIRECTION The…
ADVISING ON LITIGATION RISKS 1: YOU CAN BE BELIEVED AS A WITNESS AND STILL LOSE YOUR CASE
Earlier posts have looked at the concept of “litigation risks”. This is something we are all aware of as practising lawyers. We advise on those risks on a daily basis. However very little is written about this. This is the…
WHY SOLICITORS’ ATTENDANCE NOTES CAN BE IMPORTANT: CONSTRUING A CONSENT ORDER: DICTIONARIES AND REASONABLENESS
In Hague v British Telcommunications Plc (Immunotherapy : Reasonableness of Treatment : Private Dictionary Principle) [2018] EWHC 2227 (QB) Master Thornett had to construe the terms of a consent order. It is a case that emphasises the importance of attendance notes. …
ADVISING CLIENTS AS TO THE RISKS OF LITIGATION: “CLIENTS WANT TWO INCONSISTENT THINGS”: CASES AND GUIDANCE
A recent decision by the Bar Standards Board held that a barrister had not acted with reasonable competence when he failed to inform his client in relation to the risks of bringing a private prosecution. This decision highlights the need…
PROVING THINGS 126: FAILURE TO PROVE DISHONESTY
The judgment in Autogas (Europe) Ltd v Ochocki & Ors [2018] EWHC 2345 (Ch) highlights the difficulties for a claimant who has to prove fraud as an essential element of their claim. The judgment also emphasises the needs to plead allegations…
DEALING WITH PROCRASTINATION: A POST I HAVE FINALLY GOT AROUND TO…
Every litigator, indeed every living being, has problems with procrastination. In civil litigation this can lead to major problems and is, if truth be known, responsible for a large number of procedural issues. Here we look at practical solutions to…
CIVIL PROCEDURE BACK TO BASICS 13: WHAT IS MEANT BY WITNESS “CREDIBILITY”? WHY THIS IS OFTEN CENTRAL TO A LITIGATOR’S WORK
Many civil cases turn on witness credibility, yet very little training and education is given to lawyers about assessing credibility. Every litigator has to be able to make an assessment of this when taking a case on; before issuing proceedings…
TODAY IS LOVE LITIGATING LAWYERS DAY – SERIOUSLY
August 31st is Love Litigating Lawyers Day. In America it has been celebrated widely (well there was a lot of comment on Twitter). Clearly this is clearly something that every sensible reader of this blog wants to encourage. THE…
DISCONTINUING CLAIMANT STILL HAS TO PAY DEFENDANT’S COSTS: CLAIMANT CANNOT PASS RISKS ON TO ANOTHER DEFENDANT
In BAE Systems Pension Funds Trustees Ltd v Bowmer & Kirkland Ltd [2018] EWHC 1222 (TCC) Mrs Justice Jefford refused the claimant’s application for an order that it should not have to pay the costs of a defendant it discontinued against. …
SETTING ASIDE AN ORDER ON COURT’S OWN INITIATIVE: A REDETERMINATION OF THE MATTER AND NOT SUBJECT TO TIBBLES PRINCIPLES
There is a short passage in the judgment today of Master Clark in Massimo Osti SRL v Global Design And Innovation Ltd & Anor [2018] EWHC 2263 (Ch) that provides an important reminder of the relevant principles that apply when a…
SORRY SEEMS TO BE THE HARDEST WORD: PURGING CONTEMPT OF COURT
There is a section in the Court of Appeal judgment in James v James [2018] EWCA Civ 1982 that is of some importance. It relates to the question of whether a party should appeal an order for contempt or apply to…
THE “CONDUCT OF LITIGATION” CONSIDERED: WHEN NON-AUTHORISED PERSONS ATTEMPT TO ELBOW IN ON LITIGATION
We are looking for the third (and final) time at the judgment in Kassam -v- Gill (13th August 2018, County Court at Birmingham available on Lawtel). The judge considered the meaning of “conduct of litigation” as defined by the Legal Services Act…
WHO SIGNED THE STATEMENT OF TRUTH? THIS COULD BE A VERY IMPORTANT QUESTION: TICKING A BOX IS NOT SUFFICIENT
I am looking again at the judgment in Kassam -v- Gill (13th August 2018, County Court at Birmingham available on Lawtel). Here we look at the crucial question of who signed the statement of truth. A difficult concept when a claim form…
SKELETON ARGUMENTS: A ROUND UP: GUIDANCE ON DRAFTING: JUDICIAL COMPLAINTS (& THERE ARE PLENTY): EXAMPLES ONLINE & SANCTIONS FOR LATE SERVICE
Recent online discussions about skeleton arguments started with a search term that led to this blog “how long should a skeleton argument be?” This was probably a good time to provide a review highlighting all the posts about skeleton arguments…
CHANGING TRACK AFTER TRIAL: CLAIM RE-ALLOCATED FROM FAST TRACK TO SMALL CLAIMS TRACK: CLAIMANT CONFINED TO SMALL CLAIM TRACK COSTS
I am grateful to Michael Cordeux from Plexus Law for sending me a copy of the decision of His Honour JudgePearce, sitting in the Manchester County Court, on the 9th April 2018. It is an example of how a case…
DON’T DELAY SERVICE OF THE CLAIM FORM JUST BECAUSE YOU DON’T HAVE THE PARTICULARS OF CLAIM: A NAIL IN THE COFFIN FOR CLAIMANTS WHO DECIDE TO WAIT
There is another aspect of the judgment in Phoenix Healthcare Distribution Ltd v Woodward & Anor [2018] EWHC 2152 (Ch) that needs highlighting. The lesson here is clear: you cannot delay service of the claim form on the grounds that you…
NO DUTY ON A PARTY TO INFORM AN OPPOSING PARTY THEY ARE MAKING AN ERROR: THE APPEAL JUDGMENT IN PHOENIX IN FULL:
I have already noted that the judgment at first instance in Woodward & Anor v Phoenix Healthcare Distribution Ltd [2018] EWHC 334 (Ch) has been overturned. The full appeal judgment is now available on BAILLI at [2018] EWHC 2152 (Ch), a decision of HH…
THE KIMATHI DECISION 5: REVIEW OF SECTION 33 PRINCIPLES: WHY LIMITATION WASN’T HEARD FIRST
This is the fifth in the series that looks at the decision of Mr Justice Stewart in Kimathi & Ors v The Foreign And Commonwealth Office [2018] EWHC 2066 (QB). The judgment contains a useful review and survey of Section 33 and…
CIVIL PROCEDURE BACK TO BASICS 12: THE DIFFERENCE BETWEEN A NON-ADMISSION AND A DENIAL
Some defences adopt a scattergun approach of “denying” everything. Some are more selective – they “put the Claimant to strict proof”. Many defences ignore the important distinction between a non-admission and a denial. THE DIFFERENCE IN A NUTSHELL If you…