OH WHY ED SHEERAN CAN’T USE A STAND IN: DISCLOSURE AND THE DUTY TO SEARCH: THE SHAPE OF THINGS
In Sheeran & Ors v Chokri & Ors [2021] EWHC 3553 (Ch) Mr Justice Meade set out some of the duties owed by a litigant in relation to the disclosure process. “… Mr Sheeran’s manager undertook the disclosure exercise on…
NEW RULES COMING INTO FORCE ON THE 6th APRIL 2022 (1): ACKNOWLEDGING SERVICE AND THE NEW CPR PART 10
New rules are coming into force on the 6th April 2022. This is the first of a series of posts dealing with these changes. There is to be a totally new CPR Part 10, the old rule being replaced entirely…
SEEKING TO ADDUCE NEW EVIDENCE AFTER THE TRIAL HAS ENDED: DENTON PRINCIPLES APPLY, A FORMAL APPLICATION IS REQUIRED: OVERIDING OBJECTIVE LEADS TO REFUSAL
In JD Group Ltd, Re [2022] EWHC 202 (Ch) Deputy Insolvency and Companies Court Judge Agnello QC refused an application to adduce new evidence after a trial had ended, and judgment was pending. A formal application was required, Denton principles…
THE USE OF A SECOND REPORT IN THE LOW VALUE ROAD TRAFFIC PROTOCOL: FAILURE TO DISCLOSE FIRST REPORT TO THE DEFENDANT DID NOT LEAD TO MEDICAL EVIDENCE BEING EXCLUDED
I am grateful to barrister Kriti Upadhyay for sending me copies of the judgment of Mrs Justice Foster in Greyson -v- Fuller [2022] EWHC 211 (QB), a copy of which is available here Greyson v Fuller – HC Judgment 3-2-22…
ACTION FOR DATA BREACH SHOULD NEVER HAVE BEEN BROUGHT IN THE HIGH COURT: SMALL CLAIMS TRACK MOST PROBABLY THE APPROPRIATE VENUE
In Stadler v Currys Group Ltd [2022] EWHC 160 (QB) HHJ Lewis (sitting as a Judge of the High Court) was critical of the claimant’s decision to issue proceedings for a data breach claim in the High Court. Such proceedings…
JUDICIAL REVIEW PROCEEDINGS SENT TO THE NORTH: LOCAL COURTS ARE BEST…
In Fortt, R (On the Application Of) v Financial Services Compensation Scheme Ltd [2022] EWHC 152 (Admin) Mr Justice Fordham ordered that judicial review proceedings be sent to Manchester rather than heard in London. The judgment emphasises the importance of…
THE NEED FOR VARIATION OF THE TONE OF CORRESPONDENCE IN LITIGATION: OUTRAGED OFFENCE AND BEING PASSIVE-AGGRESSIVE IS USUALLY OFF KEY
I am grateful to solicitor Richard Harrison for allowing me to reproduce his post on “The importance of tone in litigation”. This blog has looked, many times, at judicial criticism of intemperate correspondence. Richard’s observations here will strike a chord…
PRINCIPLES OF JUDICIAL RECUSAL CONSIDERED: JUDGE DOES NOT RECALL MEETING A PARTY
There is an interesting issue in relation to recusal in the judgment of Mrs Justice Arbuthnot in Griffiths v Griffiths (Decision on Recusal) [2021] EWHC 3600 (Fam). THE CASE The judge was determining issues relating to access to children….
WHEN A PARTY FILES A WITNESS STATEMENT THAT DOES NOT COMPLY WITH THE RULES: THERE IS NO GOOD REASON AND THE PARTY IN DEFAULT PAYS A PRICE…
In the judgment today in Prime London Holdings 11 Ltd v Thurloe Lodge Ltd [2022] EWHC 79 (Ch) Mr Nicholas Thompsell (sitting as a Deputy Judge of the High Court) considered the appropriate response to a witness statement that failed…
ACTION STRUCK OUT WHEN CLAIMANT GIVES WRONG ADDRESS ON THE CLAIM FORM
I am grateful to solicitor Hamish Cameron Blackie for sending me a copy of the judgment of HHJ Bloom in Conlon -v- Ringway Infrastructure Services Ltd (County Court at Luton, 2nd December 2021) where the judge struck out an action…
GLUTS AND BUNDLES: LOTS OF AUTHORITIES DON’T HELP: “THIS MUST NOT BE REPEATED IN ANY FUTURE COUNTY COURT TRIAL”
I am sure that our eminent housing bloggers and commentators will write about the important substantive judgment in the case of Rosebery Housing Association Ltd v Williams & Anor [2021] EW Misc 22 (CC). However this blog deals with only one…
APPLICATIONS FOR ADJOURNMENTS 1: MATCH NOT POSTPONED
Issues relating to adjournments are a regular feature of the search terms that lead to this blog. There are two recent cases where questions relating to adjournments were considered, the first we will look at is the judgment of Mr…
DOMESTIC BUILDING LITIGATION AND PREVENTING FINANCIAL DISASTER: SUGGESTIONS FROM THE CIRCUIT BENCH
In The Sky’s the Limit Transformations Ltd v Mirza [2022] EWHC 29 (TCC) HHJ Stephen Davies makes a number of suggestions designed to mitigate the potentially ruinous costs of litigation in relation to domestic building disputes. ” … it would…
AN EXAMPLE OF A TRIAL WITH VULNERABLE WITNESSES: EACH WITNESS GIVEN A CLEAR ALLOCATED TIME TO GIVE THEIR EVIDENCE
This blog has looked, several times, at the judgment of Mr Justice Johnson in TVZ & Ors v Manchester City Football Club [2022] EWHC 7 (QB). It is also worth looking at for the explanation the judge gives as to the steps…
REVIEW OF THE YEAR (3): SOME FACTS, FIGURES AND INTERESTING QUESTIONS (“ARE PART 36 OFFERS INCLUDED IN THE TRIAL BUNDLE?”)
This year the blog has had 529,639 visitors and 1,349,269 views. 535 posts have been published. The number of posts were not as hectic as last year (770 posts) but 2020 was dominated by guidance on litigating in a Covid…
REVIEW OF 2021 (2): CIVIL LITIGATION CASE OF THE YEAR: MOTHER AND CHILD DO NOT BECOME HOMELESS AFTER SUCCESSFUL APPEAL
In Williams v Nilsson & Anor [2021] EWHC 3184 (Ch) HHJ Richard Williams (sitting as a High Court judge) allowed an appeal in a case relating to ownership of property. There is plenty about procedure and evidence in this case,…
REVIEW OF 2021 (1): OPENING LINES OF JUDGMENTS: COSTS, BRASS, MUCK, UNHAPPY FAMILIES AND … ARCHANGELS
The review of opening lines of judgments has become an annual event. Here we look at some of the most interesting opening lines of judgments from cases this year. They cover a wide range of topics and courts. This particular…
“A SOLICITOR, NO MATTER HOW EXPERIENCED OR INEXPERIENCED, MUST BE TAKEN TO KNOW THE CIVIL PROCEDURE RULES “(ii): A REMINDER OF THE BACK TO BASICS SERIES
The post yesterday on the case where it was stated that every lawyer is taken to know the Civil Procedure Rules has led to me re-visit the “Back to Basics” series on this blog. The series now has 91 posts*…
FEE REMISSION: USEFUL LINKS AND GUIDANCE
The recent decision in Gibbs -v- King’s College NHS Foundation Trust (11/11/2021) highlights the need to keep issues of fee remission at the forefront of consideration, particularly when issuing proceedings. There is no guarantee at all that a party will recover…
A PARTY WHO DOES NOT OBTAIN DISPENSATION FROM FEES, IF AVAILABLE, SHOULD NOT EXPECT TO RECOVER THE FEES: COST JUDGE DECISION
I am grateful to Yvonne Booth from Keoghs, solicitors, for sending me a copy of the judgment of Costs Judge Rowley in Gibbs -v- King’s College NHS Foundation Trust (11/11/2021) a copy of which is available here Judgment Gibbs v…
INSOLVENCY FOR PERSONAL INJURY LAWYERS: WEBINAR 16th DECEMBER 2021
On the 16th December 2021 I am presenting a webinar “Insolvency for Personal Injury Lawyers”. In addition to the issues relating to personal insolvency the webinar will look at the latest cases in relation to third party rights against insurers…
WITNESS EVIDENCE, MEMORY AND CLINICAL NEGLIGENCE CASES: A DETAILED CONSIDERATION OF THE PRINCIPLES
We looked yesterday at the judgment of HHJ Tindal in Freeman -v- Pennine Acute Hospitals NHS Trust, a copy of which is available here. Freeman v Pennine NHS Judgment 03.12.21(without password) (1) The major part of that judgment contains a detailed…
WRONGFULLY ENTERING JUDGMENT GIVES RISE TO A CAUSE OF ACTION FOR A DEFENDANT: THE TORT OF ABUSE OF PROCESS
In Total Extraction Ltd v Aircentric Ltd [2021] EW Misc 21 (CC) District Judge Branchflower found that a claimant that had wrongfully entered judgment on admission was liable in damages to the defendant that had suffered losses as a result. …
PRACTICE NOTE FROM SENIOR COSTS JUDGE: DEDUCTIONS FROM DAMAGES: CHILDREN AND PROTECTED PARTIES
The Senior Costs Judge has issued a Note on the procedure to be followed in the Senior Courts Costs office on approval of costs settlements where the claimant is a child or protected party. THE NOTE APPROVAL…
“IT IS NOT ACCEPTABLE ORAL ADVOCACY TO REDUCE WRITTEN SUBMISSIONS TO LITTLE MORE THAN A SERIES OF REFERENCES THAT A JUDGE CAN THEN LEFT TO FIND ACROSS A VAST BUNDLE”
The closing lines of the judgment of HHJ Pelling QC (sitting as a High Court judge) in Libyan Investment Authority v Credit Suisse International & Ors [2021] EWHC 2684 (Comm) highlight many issues in relation to civil advocacy. In particular…
A DEFENDANT CAN RARELY (IF EVER) COMPEL A CLAIMANT TO JOIN OTHER DEFENDANTS TO AN ACTION: COURT OF APPEAL EXTRACTS CLAIMANT FROM A DIFFICULT SITUATION
In Pawley v Whitecross Dental Care Ltd & Anor [2021] EWCA Civ 1827 the Court of Appeal overturned an order that allowed a defendant to add additional defendants to a claim. Making such an order exposed the claimant to the…
NEW TODAY: GENERAL GUIDANCE ON ELECTRONIC COURT BUNDLES (PAGINATION SHOULD START FROM PAGE ONE…)
The Courts and Tribunal Judiciary Site has today published new guidance in relation to electronic bundles. The link is available here. The guidance updated and replaces previous guidance. If I were to highlight one matter it is the need for…
“NO SERIOUS PRIVATE PAYING LITIGANT” WOULD CONTEMPLATE SPENDING £50,000 IN COSTS FOR A £3,000 CLAIM: ACTION SHOULD NEVER HAVE BEEN ISSUED IN THE HIGH COURT
In Johnson v Eastlight Community Homes Ltd [2021] EWHC 3069 (QB) Master Thornett accepted, in large part, a defendant’s application in a case where a claim for £3,000 had been issued in the High Court and the costs claimed by…
ACCURATE TIME ESTIMATES: A RECAP: THIS MAY GO ON A BIT…
The post last week in relation to inaccurate time estimates led to some comments that there was an absence of guidance on time estimates. I am not sure this is true. There are at least half a dozen posts on…
TIME ESTIMATES: “WILDLY OPTIMISTIC TO THE POINT OF ABSURDITY”: AN UNHAPPY JUDGE
In E v B (Interim Maintenance Inaccurate Time Estimate) [2021] EWFC 90 Recorder Chandler made some observations on the difficulties the courts face when the parties list hearings with inadequate time estimates. These are matters of general interest relating to…
RECORDING COURT PROCEEDING WITHOUT PERMISSION: THE PROBLEM ARISES – AGAIN
In Business Mortgage Finance 4 Plc & Ors v Hussain & Ors [2021] EWHC 2766 (Ch) Mr Justice Miles gave a judgment in another case where a party had recorded proceedings without permission. Permission was given retrospectively, however this was…
IN THE RUN UP FROM HALLOWEEN 3: SCARY STUFF FROM “THE OTHER SIDE”
This time we are looking at guidance from 2018 This year we are looking at annoying things from “the other side”. That can mean from beyond the grave, or those people who are instructed to represent your client’s opponents (they…
IN THE RUN UP TO HALLOWEEN 2: DEADLINES, COURTS AND IMPOSTER SYNDROME
In the run up to Halloween we continue our look back on posts about “scary subjects”. Here is one of the first series of group contributions, from 2017, where contributors from legal Twitter wrote about what scared them most. “Emailing…
WHEN AT COURT MAKE SURE YOU CAN ALWAYS BE FOUND: PROMPTNESS, SETTING ASIDE AND CPR 39.3(5)
In Altaf & Ors v Close Brothers Ltd [2021] EWHC 2823 (QB) Mr Justice Fordham considered an application made by a defendant who left the court before the trial started. It highlights the importance of every litigant, once they arrive…
THE NEED FOR ACCURATE TIME ESTIMATES: A PLEA FROM THE BENCH: A 2 1/2 HOUR TIME ESTIMATE REQUIRED TWO DAYS
This is not the first time this blog has noted judicial comments on the need for realistic time estimates. This can be seen clearly in the judgment of HHJ Russen QC in Potgieter v Village [2021] EW Misc 18 (CC)….
WHY THE CIVIL PROCEDURE RULES COMMITTEE IS MORE APPROPRIATE THAN THE SUPREME COURT (FROM THE SUPREME COURT)
There is one passage in the Supreme Court judgment in Ho -v- Adelkun [2021] UKSC 43 that makes for interesting reading. The Supreme Court made it quite clear that, in procedural issues, the Civil Procedure Rules Committee is often a more…
THE CONSEQUENCES OF FAILING TO FILE AN ACKNOWLEDGMENT OF SERVICE: NO INJUSTICE WHEN A DEBARRED PARTY ATTENDED A TRIAL BY SKYPE: COURT OF APPEAL DECISION
In Hirachand v Hirachand & Anor [2021] EWCA Civ 1498 the Court of Appeal rejected an argument that a defendant, who had not filed an acknowledgement of service and had been debarred from taking part in the action, suffered injustice…
DRAFT JUDGMENTS AND THE USE OF EMAIL EXPLODERS: MORE CAUTION IS NEEDED
One particular aspect of the judgment in Optis Cellular Technology Inc & Anor v Apple Retail UK Ltd & Ors [2021] EWHC 2694 (Pat)that requires highlighting is the judge’s consideration of the use of “e-mail exploders” used by the parties when…
GRIFFITHS -V- TUI IN THE COURT OF APPEAL 3: THE CLAIMANT DID NOT HAVE A FAIR TRIAL: THE COURTS SHOULD NOT ALLOW LITIGATION BY AMBUSH: THE DISSENTING JUDGMENT
NB THE DECISION IN THIS CASE WAS OVERTURNED BY THE SUPREME COURT. THE SUPREME COURT ESSENTIALLY AGREEING WITH THE DISSENTING JUDGMENT OF BEAN LJ CONSIDERED IN THIS POST. THE SUPREME COURT DECISION IS DISCUSSED HERE. This is the third post…
WHEN AN EMAIL FROM A SOLICITOR IS EVIDENCE OF LOSS: EVIDENCE AT THE STAGE 3 STAGE CONSIDERED ON APPEAL
I am grateful to barrister Sarah Robson for bringing my attention to the decision of HHJ Jarman QC in Akram v Aviva Insurance Ltd [2021] EW Misc 16 (CC). This is a case that highlights the flexibility the courts have…
DELAY IN PURSUING PROCEEDINGS IS AN ABUSE OF PROCESS: LOCAL AUTHORITY’S INSOUCIENCE A CAUSE FOR CONCERN
In London Borough of Havering & Ors v Persons Unknown & Ors [2021] EWHC 2648 (QB) Mr Justice Nicklin had some clear warnings to give in relation to cases where local authorities had failed to pursue cases promptly after obtaining…
NO MATTER HOW BIG YOU ARE, OR HOW IMPORTANT (YOU THINK) YOU ARE – YOU HAVE TO COMPLY WITH THE RULES: SECRETARY OF STATE REFUSED PERMISSION TO RELY ON EXPERT EVIDENCE
In Good Law Project Ltd, R (On the Application Of) v Secretary of State for Health and Social Care [2021] EWHC 2595 (TCC) Mr Justice Fraser issued a clear and stark warning that expert evidence has to comply with the…
A CASE SUMMARY SHOULD BE IMPARTIAL NOT AN EXTENSION OF A SKELETON ARGUMENT
In Beg v Beg & Ors [2021] EWHC 2598 (Ch) HHJ Cooke made some important points about the need for a case summary to be impartial. “A case summary, whether or not an agreed document, is intended to summarise the…
INTERIM PAYMENTS: THE DIFFERENT SCENARIOS CONSIDERED BY THE COURTS
Later today I am presenting a webinar on interim payments. It is difficult, if not impossible, to discuss all possible permutations in relation to interim payments during a one hour slot and this post supplements the webinar. Here we look…
BUDGETED COSTS ARE NOT NECESSARILY THE LOWEST COSTS ( & THE COURT SHOULD ADOPT A CAUTIOUS APPROACH TO MAKING COMMENTS IN RELATION TO INCURRED COSTS): HIGH COURT DECISION
In Discovery Land Company, LLC & Ors v Axis Specialty Europe SE [2021] EWHC 2146 (Comm) Peter MacDonald Eggers QC (sitting as a Deputy Judge of the High Court) set out some of the principles relating to costs budgeting, in…
LITIGATION, DELAY AND THE DOCTRINE OF LACHES: IT WOULD BE “UNCONSCIONABLE FOR THE COURT TO GRANT THE APPLICANT ANY RELIEF”
The judgment of ICC Judge Barber in CSB 123 Ltd, Re [2021] EWHC 2506 (Ch)is interesting for a large number of reasons. Not least the total failure of the applicant to establish major (if not all) parts of its case,…
PEREMEPTORY ORDERS IN THE COURT OF APPEAL 2: MAKING CONCESSIONS AND PUTTING ALL YOUR EGGS IN ONE BASKET
There are twp other aspects of the Court of Appeal judgment in Poule Securities Ltd v Howe & Ors [2021] EWCA Civ 1373 that merit consideration. Firstly the claimant’s decision to make one application; the second related to concessions made…
CONSTRUING PEREMPTORY ORDERS: THE DATE FOR COMPLIANCE IS THE DATE FOR COMPLIANCE: COURT OF APPEAL DECISION
In Poule Securities Ltd v Howe & Ors [2021] EWCA Civ 1373 the Court of Appeal considered the construction of an “unless” order. It was held that the date for compliance on the order had to be construed as the…
RUDE CORRESPONDENCE: A RECAP: JUST REMEMBER WHAT YOU WRITE COULD END UP ON A BLOG SOME DAY (FOR THE WHOLE WORLD TO SEE…)
Several search terms that led people to this blog today related to the “arrogant tone of solicitor correspondence”. This seems like a good time to recap on Guidance and case law where, shall we say “assertive” correspondence has been considered…
JUDGE WAS WRONG TO ALLOCATE ACTION TO SMALL CLAIMS TRACK: CLAIMANT SUCCEEDS IN APPEAL AND CASE ALLOCATED TO THE FAST TRACK
In Elias & Anor v Blemain Finance Ltd [2021] EW Misc 15 (CC) HHJ Keyser QC overturned a decision allocation an action to the small claims track. The matter was re-allocated to the fast track. “… it seems to me…
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