ALLOCATION BETWEEN THE SMALL CLAIMS TRACK AND THE FAST TRACK: WHAT IS MEANT BY "ANY AMOUNT NOT IN DISPUTE"?
In the case of Akhtar -v- Boland [2014] EWCA Civ 872 the Court of Appeal gave guidance on CPR 26 and the matters to be considered when a determination is made as to allocation between the Fast Track and the…
AVOIDING UNDER SETTLEMENT 1: CLAIMS FOR LOSS OF EARNINGS (1)
The curious thing about writing about avoiding under settlement is that there is very little material on the subject, particularly in the U.K. There are now plenty of websites which offer to sue your previous lawyer if you are not…
"ESSENTIAL CHECKLISTS": THE COMPLETE LIST
The “Essential Checklist” series developed out of a workshop series in a course I gave last month. Six groups produced six checklists. Here is a link to them all. SERVICE OF PROCEEDINGS: (“SERVICE WITH A SMILE”) Essential points before the…
SURVIVING MITCHELL 18: RECOGNISING THAT 99.8% OF LITIGATORS ARE STARK RAVING BONKERS
There is a growing trend of “cannibalism” in the legal profession. Advertisements on my local radio station this morning were asking “do you want to sue your lawyer”? What is the legal profession doing to protect itself? The answer is…
PLEADING MITIGATION OF LOSS: WHY THE PRACTICE DIRECTION IS (ALMOST ALWAYS) WRONG AND THE RULES ARE A SHAMBLES
It is well established law that the burden of proving a failure to mitigate loss lies with the defendant. It is for the defendant to establish that the claimant failed to act reasonably. Somewhat surprisingly a Practice Direction in…
MAKE SURE YOUR WITNESS STATEMENT PROVES YOUR CASE
The genesis of this article is a tweet earlier today where a solicitor reported that a claim for the cost of hire and storage had been struck out because the witness statement was deficient. “C entire hire, storage & recovery…
WHAT CAN A DEFENDANT ARGUE ABOUT DAMAGES IF THE CLAIMANT HAS JUDGMENT OR THE DEFENCE HAS BEEN STRUCK OUT?
One important aspect of the new rules about relief from sanctions is that they apply to defendants as well. A defendant who is late in adducing evidence can be debarred from calling evidence as in the Durrant case. Here we…
AVOIDING NEGLIGENCE CLAIMS 6: COMMUNICATIONS WITH THE CLIENT
Procter -v- Raleys Previous posts in this series have concentrated upon limitation issues. This post looks at the recent decision of Judge Gosnell in Procter –v- Raleys (Leeds County Court 6/11/2013). In particular what it demonstrates about the need to…
SUING THE “MAN OF STRAW”: IS THERE ANYTHING YOU CAN DO ABOUT THE IMPECUNIOUS AND UNINSURED DEFENDANT?
A perennial problem for litigators is the situation where a claimant has a good case but the Defendant is impecunious and uninsured. In many (but not all) motor claims the Motor Insurers Bureau will provide a practical remedy. In all…
INTERIM PAYMENTS AND THE SERIOUSLY INJURED CLAIMANT: SOMEWHERE TO LIVE OR DOWN AT EELES?
Cases and principles relating to interim payments and accommodation in catastrophic injury cases are considered. Prior to the decision in Cobham Hire Services –v- Eeles [2009] EWCA Civ 204 it was a relatively simple matter to obtain a substantial interim…
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