CLINICAL NEGLIGENCE TRIAL HELD REMOTELY: AND IT WORKED WELL…
I have highlighted some cases where remote hearings have had difficulties. In Jones v Ministry of Defence [2020] EWHC 1603 (QB) the judgment indicates that the remote hearing in a clinical negligence case worked well. THE CASE The case was…
THE SEVEN YEAR ITCH: CIVIL LITIGATION BRIEFS’ 7th (OR 29th?) BIRTHDAY: FACTS, FIGURES AND HOW IT ALL BEGAN
This week sees the seventh anniversary of Civil Litigation Brief as a blog. That, it appears, is relatively young as a blog, the housing law blog Nearly Legal recently celebrated its 14th anniversary and is well into its truculent teenage…
WHEN THE SKY FALLS IN: WHAT TO DO WHEN THINGS GO WRONG IN LITIGATION: WEBINAR 6th AUGUST 2020
I have been writing on this blog for some time now that lawyers should be taught that mistakes happen. We should aim to avoid them but if errors are made they are often rectifiable if dealt with correctly and quickly. …
WEBINARS ON LAW, PROCEDURE AND DAMAGES: READ ALL ABOUT THEM…
Since lockdown has made giving live presentations impossible I have been involved in presenting a number of webinars. This would seem a good time to set them out. Those that have been given earlier this year are still available on…
WHEN REMOTE HEARINGS GO WRONG: AND STRUGGLING THROUGH TO PUT THEM RIGHT – AT WHOSE COSTS?
I often listen to, and read, official statements about remote hearings with a degree of scepticism. The impression is given that things are going smoothly. The reality is that things are often going awry and it is taking a great…
THE “BACK TO BASICS” SERIES 80: THE POSTS SO FAR
The “back to basics” series has been going since April 2018. It has covered a surprising amount of topics. From how to draft an application to “litigation wishful thinking”. Two years on this is a good time to recap on…
CLAIMS FOR MEDICAL EXPENSES, CARE AND WORK AROUND THE HOME: WEBINAR 23rd JULY 2020
On the 23rd July 2020 I am conducting a webinar “Claims for Medical Expenses, Care and Work around the Home”. This webinar looks at damages in relation to medical expenses and care. It covers the whole range of care claims,…
CIVIL PROCEDURE BACK TO BASICS 79: NON-DISCLOSURE OF THE OTHER SIDE’S WITNESS STATEMENT
Today we are looking at CPR 32.12. The rule preventing a party using the other side’s witness statements for purposes other than the action they were served in. THE RULE Use of witness statements for other purposes 32.12 (1) Except…
The Civil Procedure (Amendment No. 2) (Coronavirus) Rules 2020: EXTENDING STAY ON POSSESSION PROCEEDINGS UNTIL THE 23rd AUGUST 2020EEDINGS TO THE 23
These Regulations come into force on the 25th June 2020. The put the stay on possession proceedings into the rules (they have previously been in a Practice Direction). The rules are available here . THE NEW RULES Citation and commencement…
COVID REPEATS: THE WHOLE SERIES IN ONE PLACE
There are 50 posts in this series. They represent a personal choice of the 3,614 posts on this blog over the past seven years. COVID REPEATS (1): THE (ALMOST) COMPLETE GUIDE FOR ASPIRANT AND NEW LAWYERS – FROM TWITTER COVID…
CORONAVIRUS LAW: APPLICATION TO ADJOURN HEARING REFUSED: JUSTICE DELAYED IS JUSTICE DENIED
The decision of Mr Justice MacDonald today in Lancashire County Council v M & Ors (COVID-19 Adjournment Application) [2020] EWFC 43 is another case where an application to adjourn because of Covid concerns was refused. The judge held that an…
OPINION EVIDENCE AND DEFECTIVE WITNESS STATEMENTS: EVIDENCE NOT ALLOWED AT TRIAL
In Harlow -v- Aspect Contracts Ltd [2020] EWHC 1488 (TCC) Harlow v Aspect Contracts Ltd [2020] EWHC 1488 (TCC) Alexander Nissen QC (sitting as a High Court judge) allowed an application preventing the defendant relying on a witness statement that was,…
COVID REPEATS 49: SIR HENRY BROOKE: A TRIBUTE TO HIS ONLINE PRESENCE
This is the penultimate post in this series. I thought it would be a good time to return to my tribute to Sir Henry Brooke. One reason for this is that the legal world needed him and misses him. After…
TRANSPARENCY PROJECT: REMOTE COURT HEARINGS GUIDANCE NOTE
The Transparency Project have produced a Remote Court Hearings Guidance Note. This is aimed at litigants themselves. Although it is quite specifically aimed at the Family Courts many litigants (and some lawyers) may find this of some assistance. THE…
CIVIL PROCEDURE BACK TO BASICS 78: NO DUTY ON AN INJURED CLAIMANT TO USE THE NATIONAL HEALTH SERVICE
This post is due to a tweet someone copied me in on this morning. The issue was, ostensibly, one of general damages in a personal injury case. An insurer was refusing to pay the costs of private treatment – stating…
PROCEEDINGS BEFORE QUEEN’S BENCH MASTERS FROM 15th JUNE 2020: (EVEN THOUGH YOU’RE NOT GOING TO EQUITY YOU WILL HAVE CLEAN HANDS…)
A further bulletin has been issued which sets out the procedure for hearings before Queen’s Bench Masters from the 15th June. The default position is that hearings will be heard remotely. If an “in person” hearing is needed then it…
COVID REPEATS 48: REPLIES AND DEFENCE TO COUNTERCLAIM: A PRIMER
Today we are taking a look back at what turned out to be the second most read post on this blog in 2016. The basic rules about when to file a Reply and, more importantly, a defence to counterclaim. A…
PERIODICAL PAYMENTS AND PROVISIONAL DAMAGES: LAW, PRACTICE AND THE KEY CASES
On the 17th July 2020 I am presenting a webinar on periodical payments and provisional damages. THE WEBINAR Periodical payments and provisional damages have been a part of the legal landscape for some time now. A knowledge of the…
COVID REPEATS 47: WHAT DO YOU DO WHEN THINGS HAVE GONE WRONG? MEANINGFUL ADVICE FROM PEOPLE WHO KNOW (AND CARE): WHEN YOU THINK SOMETHING IS HITTING THE FAN
Here I am repeating a post that was originally “crowd sourced” from Twitter. It is a post on “what to do if things go wrong”. Here is the advice specifically on what the best course of action is when…
CONTRIBUTORY NEGLIGENCE IN PERSONAL INJURY AND CLINICAL NEGLIGENCE CASE: WEBINAR 7th JULY 2020
On the 7th July 2020 I am presenting a webinar on contributory negligence in personal injury actions and clinical negligence cases. CONTRIBUTORY NEGLIGENCE Contributory negligence is a common feature of personal injury litigation and (sometimes) in clinical negligence cases….
CIVIL JUSTICE COUNCIL REPORT ON THE IMPACT OF COVID-19 ON CIVIL COURT USERS
It is not possible to have anything but admiration for the way in which the Civil Justice Council have produced their report on the impact of COVID-19 on civil court users. The report is available here. It carried out what…
COVID REPEATS 45: WE DON’T CARE WHAT THE JUDGE ORDERED WE ARE GOING TO PUT WHAT WE WANT INTO THIS ORDER
There are many strange examples of conduct reported on this blog. One example is in Webb Resolutions Ltd v JV Ltd (t/a Shepherd Chartered Surveyors) [2013] EWHC 509 (TCC). Put simply a judge made an order at a hearing, one…
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 ……
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…
PRE-ACTION DISCLOSURE: CONDUCT, DISCRETION AND THE “FISHING EXPEDITION” ANALOGY MAY NOT BE A GOOD ONE
It is relatively rare for there to be a High Court judgment on the issue of pre-action disclosure. In Taylor Wimpey UK Ltd v Harron Homes Ltd [2020] EWHC 1190 (TCC) Mr Justice Fraser had some interesting observations on the…
COVID REPEATS 21: OPENING LINES OF JUDGMENTS (WITH SOME NEW ONES THROWN IN): BJORN AGAIN
Today we are looking at opening lines of judgment. We also have a new opening line from earlier this year. ABBA: (ALTHOUGH THE WINNER DIDN’T TAKE IT ALL…) In April this year in a judgment about an inheritance dispute…
AN ELECTRONIC BUNDLE SHOULD BE CONFINED TO “ESSENTIAL” DOCUMENTS: IT HELPS IF COUNSEL HAS A SAY IN ITS PREPARATION: IMPORTANCE GUIDANCE FROM THE HIGH COURT
In the judgment given this morning in Tailby , Re TPS Investments (UK) Ltd [2020] EWHC 1135 (Ch) HHJ Cox QC (sitting as a High Court Judge) gave some importance guidance in relation to the preparation and presentation of an…
THE EXPERT’S DUTY TO GIVE A RANGE OF OPINION: A DECISION NOT TO DO SO “BORDERING ON ARROGANCE”
Experts have a mandatory duty under the rules to give a range of opinion for their advices. I am grateful to Gary Smith from Prince Evans & Co for sending me a copy of the judgment of HHJ Belcher in…
LAW CENTRES AND LEGAL NEED DURING LOCKDOWN: GUEST POST FROM SUE JAMES
Sue James was an early member of the (not so) Lonely Litigator’s Club. Following comments made about law centres yesterday I invited Sue to write a guest post on the role of law centres, generally and during the pandemic. Sue…
CORONAVIRUS CATCH UP 1: DENTON AND RELIEF FROM SANCTIONS
I have, recently, been writing primarily about the impact of coronavirus on lawyers and civil procedure. Some cases in “mainstream” civil litigation have been overlooked. To prevent a “backlog” of cases here is a link to, and brief summary of,…
CIVIL PROCEDURE (NOT-CORONAVIRUS): BLOG AND ARTICLES ROUND UP – APRIL 2020
There is still plenty of non-covid work going on as evidenced by these links to posts and articles in April. Costs Costs Barrister Non party costs orders considered Costs Barrister Principle and non party costs orders Costs Barrister Non party costs orders…
CIVIL PROCEDURE (CORONAVIRUS): BLOG AND ARTICLES ROUND UP – APRIL 2020
We may not have been getting out much this month but there has been plenty of material on civil procedure, the courts and coronavirus. Courts Herbert Smith Freehills Courts relax rules on agreeing extensions to procedural deadlines in light of COVID-19…
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