COST BITES 205: THE COURT CAN CHANGE ITS MIND AFTER MAKING AN ORDER ON THE PAPERS: THE DANGERS OF “ETERNAL GAMES OF PING PONG”
In Smith v McAlpine [2024] EWHC 3408 (KB) Senior Master Cook varied an order for costs that had been made after an application had been considered on the papers. After considering further submissions he found that his original order, that…
MAKING AN APPLICATION FOR RELIEF FROM SANCTIONS? 10 KEY POINTS TO HELP
Periodically I revisit posts on this blog to see whether they remain of relevance – this post (from January 2016) does. It sets out ten key points in making an application for relief from sanctions. Every point made nine years…
FAMILY COURT AND CIVIL COUNTY COURT LEEDS: NOT ACCEPTING DIRECT CALLS FROM THE 22nd JANUARY 2025
HMCTS have sent out a letter informing practitioners of changes to the telephone arrangements in Leeds Family Court and Civil County Court in Leeds from the 22nd January 2025. Note that the Business and Property Court is not affected. “New…
WITNESS STATEMENTS: REASONS TO BE WARY OF ELECTRONIC SIGNATURES (2): A SOLICITORS DISCIPLINARY TRIBUNAL DECISION
We are returning to the issue of the difficulties that can be caused by the use of electronic signatures on witness statements. The dangers involved can be seen clearly in the decision of the Solicitors Disciplinary Tribunal in SRA -v-…
CIVIL LITIGATION BRIEF IN 2024: SOME FACTS AND FIGURES
As 2024 draws to a close this is a good time to look back at the year in terms of civil procedure. There have been 463 posts to date this year amounting to 938 thousand words (I haven’t counted them…
WITNESS STATEMENTS: REASONS TO BE WARY OF ELECTRONIC SIGNATURES (1)
In Waterrower (UK) Limited v Liking Ltd (t/a Topiom) [2024] EWHC 3049 (IPEC) Campbell Forsyth (sitting as a High Court Judge) observed that there were a number of issues with a witness statement served on behalf of the defendant. There…
OPENING LINES OF JUDGMENT IN 2024: GIVING THE OTHER SIDE A CHANCE TO OBJECT, NELSONIAN POLICY MAKING,HERDS OF CATTLE AND WHY THIS BLOG CAN NEVER GIVE THE LAST WORD ON SERVICE OF THE CLAIM FORM…
We are at the time of year when we can look back at some of the opening lines of judgments. This year it is clear that this is an international contest. THE SUPREME COURT STARTS OF THE YEAR WITH…
“STATEMENTS OF CASE PLAY AN ESSENTIAL ROLE IN CIVIL LITIGATION”: THE DEFENDANT WAS NOT ALLOWED TO RUN A CASE ON CAUSATION THAT IT HAD NOT PLEADED: CLINICAL NEGLIGENCE CASE CONSIDERED
In MJF v University Hospitals Birmingham NHS Foundation Trust [2024] EWHC 3156 (KB) HHJ Emma Kelly (sitting as a High Court Judge) found that the defendant in a clinical negligence trial was trying to run a case on causation that…
WITNESS STATEMENTS: “COMPLIANCE WITH THE PRACTICE DIRECTION IS NOT SIMPLY A MATTER BETWEEN THE PARTIES”: THE WITNESS IS “THE AUTHOR OF HIS OWN MISFORTUNE”
In Milford Investments Ltd v Lanyon Bowdler LLP [2024] EWHC 3227 (Comm) we see yet another example of a witness statement that does not comply with the rules. Although the defendant did not argue that the statement should not be…
CLAIM WAS ISSUED PROPERLY IN THE HIGH COURT, EVEN THOUGH IT WAS SENT TO THE WRONG OFFICE
In Lawrence, R (On the Application Of) v London Borough of Croydon [2024] EWHC 3061 (Admin) Mr Justice Linden dismissed the defendant’s application to strike out a claim on the basis that it had not been brought in time. The…
“PROFESSIONALISM DEMANDS THAT LAWYERS PICK THEIR BATTLES WISELY”: JUDGE GRANTS EXTENSION AND ORDERS THE LAWYERS TO GO TO LUNCH TOGETHER…
Coming to the end of the year, and with Christmas nearly upon us, all lawyers could benefit from reading the judgment of Chief U.S. District Judge David Proctor in McCullers v. Koch Foods of Ala., LLC in 2024 WL 4907226…
BUNDLES: THE VIEW FROM THE BENCH: “DOCUMENT MANAGEMENT IS CENTRAL TO WHAT WE DO”
As (possibly) the last post on bundles this year I am inviting you all to read an extract from Mr Justice Fordham’s speech to the Hart Judicial Review Conference. The full text of the speech is available here and it…
APPLICATION FOR PRE-ACTION DISCLOSURE AGAINST A GOLF CLUB GETS A FAIRWAY: THERE MAY BE NO NEED TO TEE OFF: THIS COULD WELL AVOID PROCEEDINGS
In Dennis & Ors v Queenwood Golf Club Ltd [2024] EWHC 3191 (Ch) Mr Justice Miles granted pre-action disclosure of some of the documents sought by the claimants. What is noticeable in the judgment in the judge’s view that early…
COURT GIVES SUMMARY JUDGMENT FOR DEFENDANT EMPLOYER IN COVID 19 CASES: SAYING “SOMETHING WILL TURN UP” IS NOT SUFFICIENT
NB THIS DECISION WAS OVERTURNED ON APPEAL SEE Mark Edwards & Ors v 2 Sisters Food Group Limited [2025] EWHC 1312 (KB) AND THE DISCUSSION ON THIS BLOG HERE In Edwards & Ors v 2 Sisters Food Group Ltd [2024] EWCC 21…
IT IS NEVER TOO LATE IN THE YEAR FOR A NEW CLAIM FORM CASE: COURT OF APPEAL OVERTURN ORDER EXTENDING TIME FOR SERVICE
In Secretary of State for Levelling Up, Housing and Communities v Rogers [2024] EWCA Civ 1554 the Court of Appeal overturned a decision that granted a claimant an extension of time for service of the claim form. The case is…
THE USE OF INTERMEDIARIES IN CIVIL CASES: APPLICATION TO RELY ON INTERMEDIARY REFUSED: NO PERMISSION WAS NEEDED AND THE EXTENT OF THE CLAIMANT’S VULNERABILITY WAS UNCLEAR
In CXC v Clarke & Anor [2024] EWHC 3138 (KB) HHJ Bird dismissed the claimant’s application for permission for an intermediary be appointed to report to the court. The judge held that there was no requirement for permission. The application…
CASE STRUCK OUT FOR FAILURE TO COMPLY WITH UNLESS ORDER: APPLICATION TO ADJOURN TO ALLOW RELIEF FROM SANCTIONS APPLICATION REFUSED: DENTON CRITERIA CONSIDERED
In Gladwin v RSM UK Restructuring Advisory LLP [2024] EWHC 3054 (Ch) ICC Judge Barber held that the claimant’s case was struck out because of a failure to comply with a peremptory order. The judge refused the claimant’s application to…
COURT OF APPEAL FIND THAT JUDGE SHOULD NOT HAVE GRANTED RELIEF FROM SANCTION FOLLOWING LATE SERVICE OF THE PARTICULARS OF CLAIM
In the judgment today in Bangs v FM Conway Ltd [2024] EWCA Civ 1461 the Court of Appeal overturned a decision where the claimant had been given relief from sanctions against one defendant following late service of the Particulars of…
CLAIMANT’S APPLICATION FOR AN ANONYMITY ORDER REFUSED: THE APPLICATION WAS TOO LATE: IMPORTANT ISSUES CONSIDERED BY THE HIGH COURT
I am grateful to barrister Leslie Keegan for sending me a copy of the judgment of Mr Justice Nicklin in PMC -v- A Local Health Board [2024] EWHC 2969 (KB). It deals with important issues relating to the making of…
ADVOCACY – THE JUDGE’S VIEW VIII: “CREDIBILITY IS ALL YOU HAVE”: YOU ARE NOT A PUPPET
This post looks at at an article by Sidney Butcher in the ABA publication “Views from the Bench: Tips for Young Lawyers on How to Make a Good Impression.” The Honorable Lynne Stewart, a District Court Judge and the Honourable Julie Robinson…
DEFENDANT COULD NOT PLEAD MATTERS THAT WERE INCONSISTENT WITH THE JUDGMENT: QUITE A TALE HERE…
In Tait v Torbay and South Devon NHS Foundation Trust [2024] EWHC 2958 (KB) Master Sullivan considered whether the defendant’s defence was inconsistent with the matters set out in a detailed judgment that had been entered on liability and causation. …
DRAFTING EFFECTIVE ATTENDANCE NOTES IN CIVIL LITIGATION: PROTECT, SURVIVE AND THRIVE: WEBINAR 18th NOVEMBER 2024
Attendance notes form a major part of a litigator’s armoury. They are important in keeping a record of what happened and what was said and in protecting the lawyer if disputes later arise. They play a crucial role when costs…
THE COURT SHOULD HAVE GRANTED AN ADJOURNMENT: APPEAL ALLOWED WHEN NO REASONS GIVEN FOR REFUSING APPLICATION
In EB Pension Fund & Ors v Froggatt [2024] EWHC 2721 (Ch) Mr Nicholas Thompsell (sitting as a Deputy Judge of the High Court) allowed an appeal where there had been a refusal to allow an adjournment. He held that…
ADVOCACY THE JUDGE’S VIEW 7: WITNESS STATEMENTS “ACCURACY AND NOT LEGAL ARGUMENT IS THE KEY TO ENSURING A WITNESS STATEMENT IS AS EFFECTIVE AS IT CAN BE”
In terms of preparation of client’s case, and prospects of success, witness statements are crucial. The rules only allow the witness to give additional evidence in exceptional circumstances. Many cases that go to trial are, in essence, about the credibility…
CLAIM AGAINST ALLEGEDLY DISHONEST EXPERT NOT STRUCK OUT: THESE ISSUES SHOULD BE DETERMINED AT TRIAL
In EUI Ltd (t/a Admiral) v Smith [2024] EWHC 2803 (KB) Mr Justice Griffiths refused an expert’s application to strike out the case against him. He upheld the decision of the Circuit Judge and stated that the issues should go…
COST BITES 189: COSTS OF OVER £1 MILLION FOR ARGUING ABOUT WHETHER THERE SHOULD BE A TRIAL OF A PRELIMINARY ISSUE
There are a number of important observations in the judgment of HHJ Pelling KC, sitting as a High Court Judge, in Viegas & Ors v Cutrale & Ors [2024] EWHC 2778 (Comm). In particular the reminder to commercial litigants that…
BUNDLES PREPARED IN A CHAOTIC MANNER: CHRONOLOGICAL IS BEST: COMMENTS FROM THE HIGH COURT
There are over a hundred posts on this blog about the subject of bundles. Problems occur everywhere, from the Supreme Court to the Employment Tribunal. We see another example in the judgment of Mr Justice Ritchie in Mok v Fitzmaurice…
CALCULATION OF TIME UNDER THE CIVIL PROCEDURE RULES: A RECAP
The case we looked at yesterday Corfield v Howard [2024] EWHC 2727 (Comm) provides an important reminder of a basic principle of the computation of time. A hearing was taking place on a Monday. The skeleton arguments were ordered to be…
LATE SKELETON ARGUMENTS DO NOT A HAPPY JUDGE MAKE II: THE COURT MAY IMPOSE SANCTIONS IN APPROPRIATE CASES
In Corfield v Howard [2024] EWHC 2727 (Comm) HH Judge Davis-White KC (sitting as a Judge of the King’s Bench Division) reminded practitioners of the need for skeleton arguments to be filed in time accordance with court orders. …
TRYING TO LODGE ADDITIONAL SUBMISSIONS SIX WEEKS AFTER THE HEARING: SUPREME COURT SAYS NO
There is a short footnote to the judgment of the Supreme Court in Tindall and another (Appellants) v Chief Constable of Thames Valley Police (Respondent) [2024] UKSC 33. It contains a warning to all of those advocates (that is probably…
The Supreme Court decision in Oakwood -v- Menzies: Deducting costs from damages:The practical implications for solicitors and clients: Webinar 13th November 2024
In Oakwood Solicitors Ltd (Respondent) v Menzies (Appellant) [2024] UKSC 34 the Supreme Court overturned the Court of Appeal decision that the sending out an account and deducting costs from damages meant a bill had been “paid” for the purpose…
ISSUING CLAIMS IN THE TCC: LOCAL IS QUICKER (AND PROBABLY MANDATORY IN ANY EVENT)
We are returning to the judgment of HHJ Stephen Davies in Workman Properties Ltd v Adi Building And Refurbishment Ltd [2024] EWHC 2627 (TCC). This time to look at the judge’s concluding observations as to venue. The failure to issue in…
THE REQUIREMENTS FOR BOTH PARTIES IF THE PART 8 PROCEDURE IS TO BE USED IN MATTERS OF CONTRACTUAL CONSTRUCTION: BEST NOT THROW THE KITCHEN SINK INTO THE MIX
In Workman Properties Ltd v Adi Building And Refurbishment Ltd [2024] EWHC 2627 (TCC) HHJ Stephen Davies sent out a clear reminder of the duties on all parties in a Part 8 case where the court was being asked to…
COURT ALLOWS LATE WITNESS STATEMENT TO BE RELIED UPON: DENTON CRITERIA CONSIDERED
In Titan Wealth Holdings Ltd & Ors v Okunola (Rev1) [2024] EWHC 2586 (KB) Mrs Justice Hill considered the Denton criteria when granting the claimant permission to rely on a witness statement served out of time. There was a good…
ANOTHER WITNESS STATEMENT THAT DOES NOT COMPLY WITH THE RULES: THE CLAIMANT’S STATEMENT WAS “PARTICULARLY UNHELPFUL” AND LARGE IGNORED
In Burns v Bridge & Anor [2024] EWHC 2620 (Ch) HHK Cawson KC, sitting as a High Court Judge, observed that the claimant’s witness statement did not comply with PD 57AC. The witness statement was, to all and intents and…
THINGS THAT LAWYERS DO TO ANNOY JUDGES: THE START OF A SERIES OF “REPEATS” (1)
Regular readers of this blog will be familiar with the judgment of Mr Justice Joseph W. Quinn He has been blunt in his assessment of witness credibility in some reported cases. He is equally blunt in his assessment of lawyers…
A FINDING OF FUNDAMENTAL DISHONESTY DOES NOT AFFECT A CLAIMANT’S RIGHT TO RECOVER PROPERTY DAMAGES
In Senay & Anor v Mulsanne Insurance Company Ltd [2024] EWCC 12 HHJ Charman found that a finding of fundamental dishonesty in a personal injury action did not affect the claimant’s rights to recover damages for the property claim to…
FISH FILES, LITIGATORS AND LITIGATION: GET BY WITH A LITTLE HELP FROM YOUR FRIENDS…
I have a strong suspicion that “fish files” form a considerable percentage of the cases that are written about on this blog. It is an issue that has been looked at several times in the past. A “fish file” is…
STRIKING OUT AMENDED PLEADINGS, EXTENSIONS OF TIME AND THE ISSUE OF THE “IMPLIED SANCTION”: COURT OF APPEAL DECISION
For some time now the courts have been grappling with the notion of the “implied sanction” in relation to rules and orders. Some rules are subject to “implied sanctions” so that a failure to comply means that a party has…
STARTING OUT IN THE LEGAL PROFESSION: WHAT DO YOU PUT IN YOUR BAG: WITH A LITTLE HELP FROM MY (AND YOUR) FRIENDS
Many people are starting their pupillages and training contracts at the moment. I thought it would be a good idea to revisit advice given (or rather gathered) on this blog in the past. When someone about to start pupillage asked…
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. “…
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