NOT A LATE CLAIM FORM CASE TODAY, BUT LATE PARTICULARS OF CLAIM LEAD TO THE ACTION BEING STRUCK OUT
As a change to the almost never ending issues relating to late service of the claim form we have a case about late service of the Particulars of Claim. In Joseph v McFaddens LLP [2024] EWHC 2447 (Ch) Deputy Master…
SOLICITORS, SOCIAL MEDIA AND THE DUTY TO THE COURT: THREE CASES REVIEWED
The judgment in Williams-Henry v Associated British Ports & Anor (Re Wasted Costs Order) [2024] EWHC 2415 (KB) we looked at last week contained some important observations about the limit of a solicitor’s duty to check their own client’s social media…
SPECIAL MEASURES IN A CIVIL CASE: AN EXAMPLE OF HOW IT WORKS
Taking special measures to protect witnesses is a well known feature in the family and criminal courts. They are less well known in the civil courts. An example can be seen in the judgment of Deputy Master Marzec in IMX…
THERE WAS NO GOOD REASON FOR AN INJUNCTION APPLICATION TO BE HEARD IN PRIVATE OR AN ANONYMITY ORDER GRANTED
In Pump Court Chambers Ltd v Brown (aka Goodfield) [2024] EWHC 2428 (Ch) Charles Morrison (sitting as a Deputy High Court Judge) refused an application that an injunction hearing take place in private and the parties have anonymity. “Is…
AN “UNRELIABLE” SCHEDULE LEADS TO A CLAIM FOR LOSS OF EARNINGS BEING STRUCK OUT (AND FOUR WEBINARS ON LOSS OF EARNINGS)
The way in which a claim for loss of earnings claim is presented is of crucial importance in most claims for damages. There are a series of four seminars below where many of the essential elements are considered. A case…
SERVICE OF THE CLAIM FORM ON A NOMINATED SOLICITOR: SOME IMPORTANT POINTS
In the recent case of Keilaus -v- Houghton [2024] EWHC 2108 the claimant’s action failed because their solicitor failed to notice that the defendant’s solicitor had stated that they would accept service. The court had little, if any, sympathy for the…
DON’T DISCLOSE COUNSEL’S ADVICE TO THE OTHER SIDE: A REPEAT IN RELATION TO AN ISSUE THAT IS STILL HAPPENING
An issue I have seen periodically came up on LinkedIn yesterday. A defendant was complaining that there was a lack of co-operation by the claimant’s solicitor in failing to show them counsel’s Advice in relation to a claim brought by…
FAILURE TO SERVE A NOTICE OF NON-ADMISSION UNDER CPR 32.19: WHAT ARE THE PRACTICAL CONSEQUENCES?
There is much for practitioners to read in the judgment of HHJ Paul Matthews in Taylor v Savik & Anor [2024] EWCC 7. However I want to isolate out the judge’s observations on CPR r.32.19. In particular the question of…
LATE AND “HAPHAZARD” SERVICE OF TRIAL BUNDLES LEADS TO WASTED COSTS ORDER AGAINST CLAIMANT’S SOLICITORS (ON THE INDEMNITY BASIS)
There are numerous cases on this blog about trial bundles. The issues never seem to end and have not been solved by the advent of the electronic bundle. This can be seen in the judgment of Deputy High Court Judge…
THE ADMINISTRATIVE COURT JUDICIAL REVIEW COURT 2024: TIME LIMITS AND PROCEDURAL RIGOUR
The latest Administrative Court Judicial Review Guide is now available and can be found here. It is dated October 2014 but was published yesterday – well ahead of time. I am simply highlighting two aspects of the Guide. “…
PART 36: FIXED COSTS AND THE TRANSITIONAL PROVISIONS: DELAY IN ISSUING COSTS PROCEEDINGS MEANT THAT CLAIMANT’S COSTS WERE ASSESSED AT NIL
In Bi -v- Tesco Underwriting Limited HHJ Sephton KC found that the claimant’s delay in issuing costs proceedings meant that the costs were subject to the fixed costs provisions and should be assessed at nil. I am grateful to barrister…
WHEN YOU WANT A COURT ORDER BUT DON’T THINK THERE IS ANYONE TO SUE: THINK AGAIN
In Hughes Family Property Co Ltd & Anor v No Defendant [2024] EWHC 2288 (Ch) HHJ Paul Matthews (sitting as a High Court Judge) considered a case where the claimants wanted a declaration from the court, but believed that there…
A SMALL POINT TO WATCH WHEN COMING OFF THE RECORD: YOU HAVE TO GIVE AN ADDRESS WITHIN THE JURISDICTION
In Madison Pacific Trust Ltd v Groza & Anor [2024] EWHC 2307 (Comm) Mr Justice Bryan pointed out an essential requirement for a solicitor who wants to come off the record. The Notice of Change has to give an address…
DRAFTING EFFECTIVE ATTENDANCE NOTES IN LITIGATION: COST EFFECTIVE DELEGATION FOR LITIGATORS: SOME FUNDAMENTAL POINTS ADDRESSED IN TWO WEBINARS
Last week I had the pleasure of giving a lecture, alongside many of my colleagues in the costs team in chambers. There were about 100 lawyers present, many with considerable experience. I was able to take a straw poll of…
WHEN A PARTY IS BANKRUPT: WEBINAR ON THE 16th SEPTEMBER 2024: AN IMPORTANT TOPIC THAT MAY HELP FLOAT YOUR BOAT
In The Mayor And Burgesses of the London Borough of Richmond v Trotman [2024] EWHC 2145 (KB) Mr Justice Kerr was critical of the claimant’s failure to consider the consequences of the defendant being bankrupt. Insolvency issues in litigation…
CLAIMANT’S (LATE) APPLICATION TO RELY ON EXPERT EVIDENCE DISMISSED:”LITIGATION NEEDS TO BE CONDUCTED EFFICIENTLY AND AT PROPORTIONATE COST”
In IlliquidX Ltd v Altana Wealth Ltd & Ors [2024] EWHC 2191 (Ch) Chief Master Shuman dismissed the claimant’s application to rely on expert evidence. It was held that the application was made too late and, in any event, not…
DRAFTING PLEADINGS: THERE ARE RULES YOU KNOW – THE KINGS BENCH GUIDE CONSIDERED: “PLAIN AND OBVIOUS” DEFICIENCIES WILL LEAD TO PROBLEMS
In Sammut & Ors v Next Steps Mental Healthcare Ltd & Anor [2024] EWHC 2265 (KB) HHJ Bird (sitting as Judge of the High Court) made some important observations on the way in which the Particulars of Claim were drafted….
“IT IS ENTIRELY OUTSIDE THE REMIT OF AN EXPERT TO DECIDE WHICH WITNESSES OF FACT HE BELIEVES OR DISBELIEVES”: DEFENDANT’S WITNESS DOES NOT FARE WELL
We are returning to the judgment of Mr Justice Julian Knowles in Allard v Govia Thameslink Railway Ltd [2024] EWHC 2227 (KB). More accurately to the first instance decision which the defendant attempted (unsuccessfully) to appeal. This time in relation to…
MAKING APPLICATIONS TO THE COURT: A PRACTITIONER’S GUIDE: WEBINAR 10th SEPTEMBER 2024
It is surprising how many applications are made which do not comply with the most basic requirements of procedure and evidence. This webinar on the 10th September 2024 aims to help practitioners avoid errors and aims to ensure that participants…
BRINGING A REPRESENTATIVE ACTION WAS A FLIGHT OF FANCY: ACTION ON BEHALF OF NUMEROUS PASSENGERS STRUCK OUT
In Smyth v British Airways Plc & Anor [2024] EWHC 2173 (KB) Master Davison struck out an action which claimed to be a “representative action” on behalf of thousands (if not millions) of airline passengers. The judge was sceptical about…
COST BITES 181: WHAT PERCENTAGE SHOULD BE PAID ON ACCOUNT OF COSTS?
In Matrix Receivables Ltd v Musst Holdings Ltd (Re Costs) [2024] EWHC 2245 (Ch) Mr Justice Freedman considered the appropriate approach to an interim payment on costs. He rejected the argument that the appropriate percentage was 70% and found, on…
A COUNTER-SCHEDULE THAT TOTALLY TOTALLY FAILED TO DO ITS JOB: COURT REFUSES PERMISSION FOR DEFENDANT TO RELY ON COUNTER-SCHEDULE THAT “SERVES NO PURPOSE WHATSOEVER”
This blog has looked extensively at judicial criticism of schedules of damages over the years. It has to be remembered that counter-schedules also have to be properly drafted. This is emphasised. in the judgment of Mr Justice Julian Knowles in…
A TRIAL BUNDLE THAT WAS A “CHAOTIC MESS”; NON COMPLIANT WITNESS STATEMENTS AND EXPERT REPORTS AND “PROCEDURAL TRENCH WARFARE”
There are interesting procedural aspects in the judgment of Simon Gleeson in Carl v Hawkins & Ors [2024] EWHC 2186 (Ch). The case, about historic sports cars, involved (among other things) “procedural trench warfare”; highly defective bundles; non-compliant witness statements;…
NO “VYING AND REVYING”: WITNESS STATEMENTS, EVIDENCE AND LOTS OF OTHER MATERIAL BESIDES: AFTER 287 YEARS OF JUDICIAL PROMPTING HAVE PRACTITIONERS GOT THE MESSAGE?
Anyone involved in civil litigation will spend a great deal of their time reading witness “evidence” which, in reality, is no such thing. Witness statements tend to be seen as an opportunity to put forward opinions, submissions and innuendo. As…
ENTERING JUDGMENT IN DEFAULT: NO DUTY ON THE PARTIES TO HELP EACH OTHER: THE IMPORTANCE OF KNOWING THE RULES
There are some interesting observations in the judgment of HHJ Cadwallader (sitting as a Judge of the High Court) in Thiscompany Ltd & Ors v Welsh & Ors [2024] EWHC 2159 (Comm). It was a case where three of the…
THE AUTOMATIC STAY UNDER CPR 15.11 AND RELIEF FROM SANCTIONS: A CASE IN POINT
In Michael Wilson & Partners, Ltd v Short [2024] EWHC 2113 (Ch) Master Clark granted the claimant relief from sanctions in a case that had become automatically stayed under CPR 15.11. This case serves as a reminder, if nothing else,…
IF YOU ARE GOING TO PROPOSE CHANGES TO A DRAFT JUDGMENT THE OTHER SIDE MUST BE NOTIFIED FIRST
The judgment of Ms. Pat Treacy (setting as a judge of the Chancery Division) in Parsons v Convatec Ltd [2024] EWHC 2111 (Pat) contains a reminder of the importance of a party notifying the other side immediately if they are going…
PROVING THINGS 240: PROVING THE “EELES” CRITERIA ON AN APPLICATION FOR AN INTERIM PAYMENT: GAPS IN THE EVIDENCE PREVENT A FINAL DETERMINATION BEING MADE
In XS1 (A Child) v West Hertfordshire Hospitals NHS Trust [2024] EWHC 1865 (KB) Master Stevens adjourned a claimant’s application for a substantial interim payment. The primary ground for this was that there was insufficient evidence before the court to…
THREE WEBINARS: MAKING APPLICATIONS TO THE COURT; INSOLVENCY AND SOCIAL MEDIA AND THE PERSONAL INJURY LAWYER
In September and October there are a number of webinars relating to procedure and evidence. Firstly on the essential issue (but often overlooked) elements and rules relating to making applications to the court; secondly on insolvency and personal injury and…
SELF PROTECTION FOR LITIGATION LAWYERS – A RECAP: WITNESS STATEMENTS UNDER SCRUTINY
A report in Litigation Futures in August 2016 illustrates the need for “self protection” by lawyers in . The headline says it all “Insurance Fraudster who tried to blame his solicitor jailed for 18 months”. “IT WAS ALL MY…
AMENDMENTS TO THE RULES COMING INTO FORCE ON 1st OCTOBER 2024: A QUICK OVERVIEW
The Civil Procedure (Amendment No.3) Rules 2024 come into force on the 1st October. We will be looking at some of the provisions in detail nearer the time. The new rules can be found here. In the interim period here…
SERVICE OF THE CLAIM FORM ISSUES: CLAIMANT FAILS TO COMPLY WITH MANDATORY REQUIREMENTS: HIGH COURT UPHOLDS THE EXTENSIONS OF TIME
The judgment of Mrs Justice Hill in Graham v Fidelidade – Companhia De Seguros SA [2024] EWHC 2010 (KB) contains some salutary lessons for litigators. In particular the importance of complying the the rules for applying for extensions of time…
HARASSMENT PROCEEDINGS: PART 7 OR PART 8 ? FACTUAL DISPUTES MILITATE TRANSFER TO PART 7
We have seen several cases on this blog where the courts have considered the issues caused by the rules requiring that claims for harassment must be issued under Part 8 (however note that there is an important exception, considered in Pattinson…
THE CLAIMANT’S CASE WAS NOT STAYED BECAUSE IT COULD NOT PAY INTERLOCUTORY COSTS ORDERS: WON’T PAY IS VERY DIFFERENT TO CAN’T PAY
In J Robbins Capital Partners Ltd v Zamsort Ltd & Ors [2024] EWHC 1990 (Comm) Paul Stanley KC (sitting as a Deputy High Court Judge) refused the defendants’ application that the action be stayed pending the claimant’s payment of interlocutory…
OMNIBUS CLAIM FORMS: COURT MANAGEMENT OF CASES AND “DISAGGREGATION”
A problem with “omnibus” claim forms and subsequent case management was considered in detail in the judgment of Mr Justice Garnham and Master Davison in Adams & Ors v Ministry of Defence [2024] EWHC 1966 (KB). The judgment considered the…
COURT REFUSES TO EXTEND TIME FOR SERVICE OF THE CLAIM FORM: CLAIMANTS COME TO GRIEF
In Playfair & Ors v Pannells LLP & Ors [2024] EWHC 1933 (Ch) Master Brightwell refused the claimants’ application for an extension of time for service of the claim form. The application was made before the time of expiry for…
HARASSMENT PROCEEDINGS: PART 7 AND NOT PART 8 SHOULD HAVE BEEN USED
There are often procedural difficulties when a claimant bringing a claim for harassment has to use the Part 8 procedure (as this is prescribed by CPR 65.28(1)(a)). However as the judgment of Aidan Eardley KC in Pattinson v Winsor [2024]…
RELIEF FROM SANCTIONS REFUSED WHEN WITNESS EVIDENCE SERVED THREE WEEKS LATE: SOMETHING ABOUT THE DANGERS OF “CUT AND PASTE” SUBMISSIONS TOO…
In Seaton Management Ltd v Evans-Jones [2024] EWHC 1883 (Ch) ICC Judge Barber refused the respondent’s application for relief from sanctions when a witness statement was served three weeks late. “The matters addressed in the Respondent’s skeleton argument on…
THERE IS A LEGALLY SIGNIFICANT DIFFERENCE BETWEEN AN APPEAL LODGED OUT OF TIME AND ONE LODGED IN TIME, BUT WITH DOCUMENTS MISSING: COURT OF APPEAL OBSERVATIONS ON EAT RULES
It is rare for this blog to consider anything related to employment law, let alone procedure in the Employment Tribunals. However the Court of Appeal decision in Ridley v HB Kirtley t/a Queen’s Court Business Centre [2024] EWCA Civ 875…
RECENT CASES IN FATAL ACCIDENT LITIGATION – WHAT CAN WE LEARN FROM THEM? WEBINAR 30th JULY 2024
This webinar looks at recent cases in relation to liability, quantum and damages involving fatal accident victims. It enables us to spend enough time looking at each case in detail, in particular the evidence that was adduced and the conclusions…
THE CORONERS’ COURT, COMPETENCES, FUNDING AND HELP WITH DEALING WITH THE BEREAVED CLIENT: USEFUL LINKS
Today I have presented a webinar on the coroners’ courts. The webinar has a particular emphasis on helping the client through the process, and the “competences” set out in the joint documents between the SRA, CILEx and the Bar Standards…
THE JOINT MEETING OF EXPERTS AND THE JOINTLY INSTRUCTED EXPERT: WEBINAR 29th JULY 2024
I was a more than a little shocked to read the judgment in Glover & Anor v Fluid Structural Engineers & Technical Designers Ltd & Ors [2024] EWHC 1257 it is a case that shows that lawyers are still making…
WRITING INFLAMMATORY THINGS IN COURT DOCUMENTS AND CORRESPONDENCE: IT NEVER, EVER, HELPS
We are looking at the judgment of HHJ Edward Hess in TM v KM [2022] EWFC 155 for two reasons: firstly the costs involved; secondly the judge’s observations about the unattractiveness of putting personal pejorative remarks in court documents. There…
COST BITES 170: IF YOU MAKE AN APPLICATION, HAVE IT HEARD BUT WITHDRAW IT PRIOR TO JUDGMENT THEN YOU ARE PAYING ALL THE COSTS (ALTHOUGH NOT NECESSARILY ON THE INDEMNITY BASIS)
In Hill v Touchlight Genetics Ltd & Ors [2024] EWHC 1801 Mrs Justice Joanna Smith considered issues relating to costs where the claimant abandoned her application to amend after the hearing, but prior to judgment. The judge held that the…
WITNESS STATEMENTS A GUIDE FOR GRADE C FEE EARNERS (AND THOSE WHO SUPERVISE THEM): WEBINAR 18th JULY 2024
On the 18th July I am giving a webinar “Drafting witness statements in high value personal injury claims: A guide for Grade C fee earners (and those who supervise them)”, booking details are available here. THE REASON FOR THE WEBINAR…
CLAIMANT REFUSED RELIEF FROM SANCTIONS IN SERVING NOTICE OF NON-ADMISSION OF AUTHENTICITY OF DOCUMENTS: THE APPLICATION WAS LATE, AND THE ARGUMENT WAS HOPELESS
In Invest Bank PSC v El-Husseini & Ors [2024] EWHC 1804 (Comm) Mr Justice Calver refused the claimant bank’s application for relief from sanctions when it served a notice of a notice to prove the authenticity of a document. The…
FUNDAMENTAL DISHONESTY AND SUBSTANTIAL INJUSTICE: THE CLAIMANT “HAS ONLY HIMSELF TO BLAME” IN LOSING £1.2 MILLION IN DAMAGES
I am grateful to barrister Matthew Snarr for sending me a better copy of the judgments of HHJ Sephton KC (sitting as a High Court Judge) in Shaw -v- Wilde, a copy of that judgment is available here Shaw v Wilde Final…
POSTMASTERS’ RIGHT TO RECOVER DAMAGES UNDER THE GLO COMPENSATION SCHEME DID NOT VEST IN TRUSTEES IN BANKRUPTCY
Normally when this blog looks at issues relating to insolvency it relates to procedural or other practical problems arising when a party is made insolvent. The judgment of HHJ Cawson KC in Secretary of State for Business and Trade v…
SERVICE OF THE CLAIM FORM – ERRORS AND PROBLEMS 5: SERVING THE PARTICULARS OF CLAIM LATE
This is the fifth time we have looked at the judgment in Occupiers of Samuel Garside House v Bellway Homes Ltd & Anor [2024] EWHC 1579 (KB). This time we look at another “trap for the unwary” – the Particulars of Claim were…
YOU SIGNED IT – YOU OWN IT: CLAIMANT IN £1.2 MILLION CLAIM FOUND TO BE FUNDAMENTALLY DISHONEST AND RECOVERS NOTHING
I am grateful to barrister Matthew Snarr for sending me a copy of the judgments of HHJ Sephton KC (sitting as a High Court Judge) in Shaw -v- Wilde, copies of those judgments are available here shaw-v-wilde-judgment . I will…
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