PROVING THINGS 203: EVIDENCE AND SCOTT SCHEDULES IN COERCIVE CONTROL CASES: SCOTT SCHEDULES “INEFFECTIVE AND FREQUENTLY UNSUITABLE”
In F v M [2021] EWFC 4 Mr Justice Hayden considered issues relating to fact finding in a case of “coercive control”. Although the difficulties here are in the context of a family case, the issues will have some relevance…
CLAIMANTS SUED THE WRONG (NON-EXISTENT) DEFENDANT – AND THE LIMITATION PERIOD HAD EXPIRED: DON’T START BREAKING THE CROCKERY JUST YET
In The 52 Occupiers of the Ceramic Works v Bowmer & Kirkland Ltd & Anor [2021] EWHC 17 (TCC) District Judge Baldwin considered an application to substitute a defendant after the primary limitation period had expired. The judge, if anything,…
PROVING THINGS 200: ALL THE SERIES IN ONE PLACE: THE (VERY) EXPENSIVE COSTS OF FAILING TO THINK FULLY ABOUT EVIDENCE
There are now 200 posts in the “Proving Things” Series. These centre, usually, on a failure to establish matters at trial. Sometimes the failures are dramatic. In Marathon Asset Management LLP -v- Seddon [2017] EWHC 300 (Comm) i the claimants had…
CLAIMANT NOT SUCCESSFUL IN APPLICATION THAT A WITNESS ATTEND IN PERSON AND NOT REMOTELY
In Langley v GMB & Ors [2020] EWHC 3619 (QB) Mrs Justice Stacy refused a claimant’s application for an order that a defendant’s witness attend court personally. The matter could proceed fairly with the witness attending remotely. This judgment (given…
COVID DOESN’T STOP THE COURTS GOING ON: BUT GREAT CARE IS NEEDED
In Bilta (UK) Ltd & Ors v SVS Securities Plc & Ors [2021] EWHC 36 (Ch) Mr Justice Marcus Smith examined in detail the principles relating to court hearings during COVID. There is an examination of the steps that need…
QUESTIONNAIRE ON FACILITIES AT THE BUSINESS AND PROPERTY COURTS IN LEEDS
A survey is taking place in relation to facilities at the Business and Property Courts in Leeds. The closing date is 29th January 2021. “Background Leeds is a core commercial hub and the biggest legal centre outside London. We…
JUDGMENT ON EXTENT OF POWERS OF HIGH COURT ENFORCEMENT OFFICERS: THE ACCESSIBLE LANGUAGE SUMMARY
In Just Digital Marketplace Ltd (enforcement – controlled goods agreements – taking control of goods) [2021] EWHC 15 (QB) Master McCloud gave an important judgment about the extent of the powers of a High Court Enforcement Officer. However there is no…
GUIDELINE HOURLY RATES: WORKING GROUP REPORT NOW PUBLISHED: READ THE REPORT AND RESPOND TO THE CONSULTATION
The Civil Justice Council Working Group Report of Guideline Hourly Rates has been published and is available here . THE REPORT The guideline hourly rates were last increased in 2010. A series of reports since that time have led to…
PD51ZA WAS NOT EXTENDED: NEW PROVISIONS PLANNED TO ALLOW RULES TO BE CHANGED DURING PUBLIC EMERGENCY
There have been several enquiries recently as to whether PD51ZA, which allowed the parties to agree lengthier extensions of time, was extended. The simple answer is that it was not. The rule expired on 30th October 2020. MINUTES OF…
A CLAIMANT’S ADDRESS SHOULD BE ON THE CLAIM FORM: BUT A FAILURE DOES NOT LEAD TO A GRANT OF SECURITY FOR COSTS
The judgment of Master Kaye in Beriwala v Woodstone Properties (Birmingham) Ltd & Anor [2021] EWHC 6 (Ch) provides a reminder that the inclusion of the claimant’s address on the claim form is a mandatory requirement [unless an application is…
CIVIL PROCEDURE BLOG AND ARTICLES ROUNDUP – DECEMBER 2020
A round up of posts and articles relating to civil procedure from November 2020. COSTS ACL – Definition of proportionality to be expanded to include vulnerability ACL – High Court upholds assessment of success fee in high-value clinical negligence case ACL – Supreme…
REVIEW OF CIVIL PROCEDURE IN 2020 III : SOME FACTS AND FIGURES: POPULAR BLOG POSTS, VISITOR NUMBERS AND SEARCH TERMS
Needless to say this has been an unusual year for litigators. It is always interesting to review what have been the most popular posts on this blog and look at some facts and figures. Can we tell anything about the…
REVIEW OF CIVIL PROCEDURE IN 2020 2: BEST WRITING ON CIVIL PROCEDURE DURING THE YEAR: TWO WISE KINGS
This year saw a explosion of legal writing as everyone had to get to grips with the procedural mayhem that resulted in lockdown. This is an appropriate time to pay tribute to all those who wrote. Some of the best…
CIVIL LITIGATION BRIEF: LAWYERS OF THE YEAR 2020: JOHN COLLINS & MICHAEL WILLIAMSON
My lawyers of the year for 2020 both embodied everything that is good about the legal profession. Both cared about the law; both wrote about the law and were involved in informing and educating others ; both performed the, extremely…
SERVICE OF DEFENCE BY EMAIL NOT GOOD SERVICE: RELIEF FROM SANCTIONS REQUIRED TO SET ASIDE JUDGMENT (AND GRANTED)
The judgment of Mr Justice Calver in Ipsum Capital Ltd v Lyall & Ors [2020] EWHC 3508 (Comm) shows the dangers of serving documents by email. The judge held that service of a defence by email was not good service…
REVIEW OF CIVIL PROCEDURE IN 2020 1: THE OPENING LINES OF JUDGMENTS: DUNNYS, UNICORNS, A REQUIEM, BUTT SHAKING AND INSECTS: HOW BEST TO SUM UP AN UNUSUAL YEAR
This year has been a boom year for the “opening lines of a judgment” contest. The search has gone international and these opening lines tell us much about the legal world, and life, in 2020. There are so many good…
WHEN A LITIGANT HAS “FAILED IN ITS DUTY AT EVERY POINT”: COUNCIL FOUND AT FAULT AND IN DEFAULT
In Nur & Anor, R (On the Application Of) v Birmingham City Council [2020] EWHC 3526 (Admin) Mr David Lock QC (sitting as a Deputy High Court Judge) commented on the failure of the defendant council to comply with the…
STRAIGHTFORWARD LANGUAGE IS BEST: MISSIVE FROM THE BENCH: LAYWYERS MAY HAVE IMPROVED OVER TIME – OTHERS HAVE NOT
In Secretary of State for Business Energy And Industrial Strategy v Evans & Anor [2020] EWHC 3519 (Ch) (18 December 2020) Deputy Insolvency and Companies Court Judge Baister had something to say about the absence of plain language in the…
COSTS LAWYERS BEWARE: COURT REFUSES TO SET ASIDE DEFAULT COSTS CERTIFICATE: “AVOIDABLE DELAY” IS NOT LOOKED AT KINDLY
In Masten v London Britannia Hotel Ltd [2020] EWHC B31 (Costs) Mr Leonard refused to set aside a default costs certificate. This serves as a salutary warning of the importance of time limits. Further the Master observed that if a…
DIVIDING FACTS FROM COMMENTS AND SUBMISSIONS: WHY IT MATTERS AND HOW IT CAN HELP YOUR CASE
The judgment is Scottow -v- Crown Prosecution Service [2020] EWHC 3421 (Admin) is of interest for many reasons. This, however, is a blog about procedure. It is worthwhile looking at the comments that the Divisional Court made about the way…
