CIVIL PROCEDURE BACK TO BASICS 69 : SOCIAL MEDIA AND THE LITIGATOR: A RECAP
The earlier post on the judgment last Jet 2 Holidays Ltd v Hughes & Anor [2019] EWCA Civ 1858 was another case in which social media played a part. The defendant holiday company found social media entries which appeared inconsistent…
COMMITTAL PROCEEDINGS CAN BE BROUGHT IN RELATION TO PRE-ACTION WITNESS STATEMENTS: COMMITTAL PROCEEDINGS CAN BE AMENDED TO ALLEGE FALSE STATEMENTS ARE MADE IN THE COURSE OF THOSE PROCEEDINGS
In Jet 2 Holidays Ltd v Hughes & Anor [2019] EWCA Civ 1858 the Court of Appeal held that committal proceedings can be brought in relation to allegedly false witness statements made and disclosed under the pre-action protocols. It is…
PROVING FUNDAMENTAL DISHONESTY – WHEN NEITHER THE CLAIMANT OR DEFENDANT ARE IN COURT: TELEMATIC EVIDENCE – NOW HERE’S A THING
I am grateful to barrister Mark Roberts for sending me a copy of the decision of HHJ Gargan in Wise -v- Hegarty & Alpha Insurance (9th July 2019) a copy of which is available here. OT APPROVED CRAWFORD D10YJ706 WISE…
COURT IN THE MIDDLE? CIVIL COMMITTAL PROCEEDINGS AND LEGAL AID: JUDGE EMPHASISES THE COMPLEX MESS ABOUT FUNDING
There have been concerns in the past about the way in which civil committal proceedings are carried out. A guide to the careful approach needed is shown in the judgment of Chamberlain J in The All England Lawn Tennis Club…
RELIEF FROM SANCTIONS: CANDOUR FROM THE APPLICANT AND NO EVIDENCE FROM THE DEFENDANT TO PROVE PREJUDICE
There is a report of a case where relief from sanctions was granted in Anglia Autoflow North America LLC and Another v Anglia Autoflow Ltd [2019] Costs LR 155. One thing that marks this case is the total candour from the…
CIVIL PROCEDURE AND COSTS: BLOG AND ARTICLES ROUND UP – OCTOBER 2019
Here we have links to blogs and articles about civil procedure and costs from October 2019. (If you have written a blog post or article that you think should have been included in this round up please contact me and…
THE RIDICULOUS RULES ABOUT PLEADING MITIGATION OF LOSS: DOES THE RULES COMMITTEE JUST NOT LISTEN (OR JUST NOT CARE)?
The previous post in this case on the judgment in Pepe’s Piri Piri Ltd & Anor v Muhammad Ali Junaid Food Trends Ltd (Now Dissolved) & Ors[2019] EWHC 2769 (QB) highlights the problems posed by one of the most ridiculous rules…
STAYING SANE AS A LITIGATOR 5: THINGS WILL GO WRONG: “YOU GOTTA HAVE A PLAN”: DON’T CRASH…
No matter how hard you try, on occasions, things will go wrong in litigation. Do you have a plan? Here we examine the need to have a plan to cover default and other issues in litigation. We then look in…
THE COURT WOULD NOT EXTEND THE EMBARGO ON A DRAFT JUDGMENT TO ALLOW CLAIMANT TO SEEK TO RECOVER SUMS FROM A THIRD PARTY
The interesting thing about writing a blog on civil procedure is that – despite the apparent narrowness of the subject – new issues come up all the time. You can never say you have “seen it all”. I was reading…
CLAIMANT’S LATE ACCEPTANCE OF PART 36 OFFER: UNCERTAINTY OF FUTURE OUTCOME NOT GROUNDS FOR MAKING A DIFFERENT COSTS ORDER
The judgment of Mrs Justice Lambert in Campbell -v- Ministry of Defence [2019] EWHC 2121 (QB) emphasises the difficulties for a claimant who has accepted a Part 36 offer late. The claimant had to bear the usual costs consequences and…
“IF COURT PROCEEDINGS ARE SERVED ON A SOLICITOR WITHOUT AUTHORITY – IS THAT GOOD SERVICE?”: A QUESTION WITH AN EASY ANSWER
“If court proceedings are served on a solicitor without authority is that good service” was a search that led to this blog yesterday. This is a question with a very easy answer. This blog has looked at this issue several…
WITNESS SUMMARIES, WITNESS SUMMONSES AND RELIEF FROM SANCTIONS: ALL IN ONE CASE…
In Morley (t/a Morley Estates) v The Royal Bank of Scotland Plc [2019] EWHC 2865 (Ch) Mr Justice Kerr granted the claimant’s application to rely on witness summaries and refused the defendant’s application to set aside witness summonses. The judge…
PROSPECTIVE APPLICATIONS FOR EXTENSIONS OF TIME (CONSTITUTIONAL LAWYERS DO NOT GET EXCITED)
Today seems a good day to consider prospective applications for extensions of time. These are going to figure in every litigators career at some point. A knowledge of the relevant law is essential. A prospective application of time is dealt…
PROVING THINGS 166: LYING IN COURT (& HOW THE JUDGE DECIDES WHO IS…)
A search term led someone to this blog today “how is it legal to get away with lying in court“. There is a whole host of material on the question of what is a “lie”, compared to a false or…
TRAWLING THROUGH THE CPR: FIXED COSTS CONSIDERED BY THE COURT OF APPEAL: COUNSEL’S FEES INCLUDED IN REGIME: CONSTRUING THE CPR AS A WHOLE
I am grateful to barrister Sarah Robson for sending me a copy of the judgment of the Court of Appeal today in Aldred -v- Cham [2019] EWCA Civ 1780. It is one of those occasions where the Court of Appeal…
DEFECTIVE PART 36 OFFER MEANT CLAIMANT DID NOT OBTAIN PART 36 BENEFITS: WHY CLAIMANTS SHOULD DRAFT THEIR PART 36 OFFERS CAREFULLY
I am grateful to Simon Fisher from DWF costs for sending me a copy of the decision of District Judge Osborne in Flanagan -v- Royal & Sun Alliance Insurance PLC (16th May 2019). A copy of that case is available…
CONDITIONAL FEE AGREEMENT IS ENFORCEABLE AFTER DEATH: HIGH COURT JUDGMENT TODAY
In Higgins & Co Lawyers Ltd -v- Evans [2019] EWHC 2809 (QB) Mr Justice Pushpinder Saini overturned a decision that a conditional fee agreement was not enforceable after death. THE CASE The deceased had signed a CFA agreement with the…
FATAL ACCIDENTS: LAW, PRACTICE, PROCEDURE & COMPASSION: COURSES IN NOVEMBER AND DECEMBER 2019
Alongside solicitor and partner in Irwin Mitchell Hilary Wetherell I am speaking at the APIL day-long courses on fatal accidents in November and December this year, in London, Manchester and Bristol. Our emphasis is on practical knowledge and application of…
STAYING SANE AS A LITIGATOR 3: SLEEP
I imagine that every single medical practitioner agrees on the importance of sleep in an individual’s health. It affects both physical and mental well being. Yet lawyers are ranked second amongst the most sleep deprived professions. Studies indicate that lawyers…
COUNTER-SCHEDULES: WORDS OF WISDOM FROM TWITTER
Twitter this afternoon gave rise to a number of interesting discussions about the role of the counter-schedule. I got permission to share some of the contributions. THE START It started with Sarah Pritchard QC looking for ideas for a talk…
