CORONAVIRUS LAW: DEFENDANT’S APPLICATION TO ADJOURN TRIAL REFUSED: TRIAL CAN GO AHEAD IN PERSON (AND WOULD GO AHEAD EVEN IF HELD REMOTELY)
In the judgment in SC v University Hospital Southampton NHS Foundation Trust (Rev 2) [2020] EWHC 1445 (QB) given yesterday Mr Justice Johnson refused the defendant’s application for an adjournment on the grounds that a trial held remotely would be…
CORONAVIRUS LAW: FURLOUGHED EMPLOYEES GIVING EVIDENCE AT COURT IS NOT “WORK”
I am grateful to barrister Tom Herbert from bringing my attention to Nottinghamshire Law Society Civil Court User Bulletin No 5. It is a case, Fottles v Bourne Leisure, where HHJ Godsmark QC allowed an application to vacate. However during…
CORONAVIRUS LAW: COVID NOT A GOOD REASON TO CHANGE NORMAL RULE AS TO COSTS FOLLOWING DISCONTINUANCE
In Khan v Governor of HMP The Mount & Anor [2020] EWHC 1367 Mr Justice Spencer considered, and rejected, an argument that a different costs order should be made because of the impact of coronavirus. THE CASE The claimant…
MISTAKES IN THE PORTAL: “ROUGH JUSTICE” AND ERRORS IN OFFERS: CLAIMANT’S CLAIM STRUCK OUT AS AN ABUSE OF PROCESS
I am grateful to barrister Matthew Turner for bringing my attention to his report of the case of Mahoney v Royal Mail (DDJ Doman, Truro CC, 26/05/20) it is another example of mistakes being made in offers. In this case…
CIVIL PROCEDURE: BLOG AND ARTICLES ROUND UP – MAY 2020
As we adjust to the problems of the pandemic some of the more conventional issues of litigation have been dealt with extensively this month. Costs ACL Trio of High Court judges issue costs penalties to defendants that refused ADR ACL Claimant not…
CIVIL PROCEDURE (CORONAVIRUS): BLOG AND ARTICLES ROUND UP – MAY 2020
Articles and posts of interest to litigators in relation to civil procedure and Coronavirus. THE POSTS Courts Litigation Futures Court issues guidance on e-bundles for short applications Remote Hearings Litigation Futures “Uphill battle” to engage judges in remote JR hearings Litigation Futures Remote…
CHANGE TO THE SPECIAL ACCOUNT RATE: DOWN TO 0.1%: PRACTICAL IMPLICATIONS
This morning the Ministry of Justice announced a reduction of interest rates for the Courts Funds special and basic accounts, effective from today (1st June 2020). THE ANNOUNCEMENT “Due to the impact of Covid-19, the Bank England reduced the base…
LATE WITNESS STATEMENT: RELIEF FROM SANCTIONS NOT GRANTED: A WARNING AGAINST COMPLACENCY
Anyone who has had the pleasure of hearing Professor Dominic Regan lecture will know that he gives a constant warning that the Denton principles have not gone away. In relation to the late service of budgets in particular, but in…
ACCEPTING AN OFFER DURING A HEARING: CONTRACTUAL PRINCIPLES, NOT PART 36, APPLY: OFFER DID NOT LAPSE AT THE DOOR OF THE COURT
Offers of settlement can, and often are, made outside the ambit of Part 36. In MEF v St George’s Healthcare NHS Trust [2020] EWHC 1300 (QB) Mr Justice Morris considered issues relating to late acceptance of offers. The case shows…
AUTOMATIC STAY OF POSSESSION HEARINGS APPLIES TO APPEALS: COURT OF APPEAL DECISION THIS MORNING
In London Borough of Hackney -v- Okoro [2020] EWCA Civ 681 the Court of Appeal found that the automatic stay on possession proceedings also applies to appeals against possession orders. THE CASE The Court of Appeal were asked…
AFFIDAVITS, COMPULSION, EXHIBITS AND THE IMPLIED DUTY NOT TO DISCLOSE TO THIRD PARTIES: HIGH COURT DECISION
I am grateful to barrister Sarah Walker for sending me a copy of the judgment of Deputy Insolvencies and Companies Court Judge Kyriakides in the Official Receiver -v- Skeene & Bowers [2020] EWHC 1252. It concerned the issue of whether…
COVID REPEATS 32: EXPERTS: SEEING THE WOOD FOR THE TREES: THE EXPERT THAT DIDN’T BOUGH DOWN TO THE RULES…
This week, providing there are no major developments that draw us elsewhere, the repeats are going to be about cases relating to experts. Firstly we go back to 2014 the judgment of Mr Justice Coulson in Stagecoach Great Western Trains -v- Hind…
COVID REPEATS 31: REPLIES AND DEFENCE TO COUNTERCLAIM: A PRIMER
Surprisingly this post about the basics of replies and counterclaims was the second most read post on this blog in 2017 (surprising because it was written in July 2016). It simply sets out the basic rules relating to filing a…
CIVIL UPDATE FOR NORTH AND WEST YORKSHIRE: UPDATED GUIDANCE FROM THE DESIGNATED CIVIL JUDGE
HHJ Gosnell has issued new guidance for civil courts in North and West Yorkshire. It is reproduced in full below. “Introduction The purpose of this document is to update you on events since my last update on 6th April…
AMENDED LISTING PRIORITIES IN THE COUNTY COURT
The listing priorities in the county court were amended on 14.05.2020. “Introduction 1. Listing is a judicial function. 2. All applications/hearings/trials should be considered in advance by a judge in order for the judge to decide whether it should…
CLAIM STRUCK OUT FOR INADEQUATE PLEADING: ENOUGH TO MAKE YOU HIT THE BOTTLE
I don’t normally write about the cases relating to defamation and pleading, this is a very niche area and there is usually little of general interest. However the judgment of Mr Justice Nicol in BrewDog Plc & Anor v Frank…
COVID REPEATS 25: COSTS WHEN A CLAIMANT RECEIVES NOMINAL DAMAGES: YOU’VE TURNED DOWN £1.5 MILLION, RECEIVED £2 & NOW HAVE TO FACE THE CONSEQUENCES
Failing to beat a Part 36 offer is always painful. Failing to beat an offer of £1.5 million and receiving £2 is, most probably, even more painful. Here we look at the second part of the case discussed yesterday. In Marathon…
COVID REPEATS 24: THE CLAIMANT THAT CLAIMED £15 MILLION, TURNED DOWN £1.5 MILLION AND RECEIVED £2.00 (YES TWO WHOLE POUNDS)
The “Proving Things” series has been a part of this blog for several years now. Many of the posts highlight those cases (and there does not seem to be any end to them) where a party simply has no evidence…
COVID REPEATS 23: A CHEERFUL POST FOR THE WEEKEND: THE GOOD STUFF ABOUT BEING A LITIGATOR – FROM NICE LAWYERS
I thought it would be a good idea to end the week on a positive note. Here we are looking at contributions from lawyers on Twitter about the positive side of being a lawyer. THE QUEST I set the challenge…
THE IMPORTANCE OF STATEMENTS OF CASE: THE TRIAL SHOULD NOT BECOME A “FREE FOR ALL”: COURT OF APPEAL SENDS OUT A WARNING
In Dhillon v Barclays Bank Plc & Anor [2020] EWCA Civ 619 the Court of Appeal reiterated the importance of statements of case in relation to civil litigation. The statements of case should define the issues at trial. “It…