A MULTI-LINGUAL WITNESS IS NOT COMPELLED TO GIVE EVIDENCE IN THEIR “FIRST LANGUAGE”: DECISION PREVENTING CLAIMANT GIVING EVIDENCE OVERTURNED ON APPEAL TO THE HIGH COURT
I am grateful to Ten Legal Associates Ltd for sending me a copy of the judgment of Mr Justice Freedman in Afzal -v- UK Insurance Ltd [2023] EWHC 1730 (KB), a copy of that judgment is available here. AFZALJUDGMENT TRANSCRIPT …
CLAIMANT FAILS TO SERVE THE CLAIM FORM PROPERLY: DEFENDANT FAILS TO NOTICE AND APPLIES TO STRIKE OUT ACTION: APPLICATION WAS UNNECCESARY & DEFENDANT NOT AWARDED COSTS
In Johnson v Devon And Cornwall Police & Ors [2023] EWHC 690 (Ch) HHJ Paul Matthews (sitting as a High Court Judge) held that a defendant should have known that the proceedings against it had not been served properly. The…
A LICENCE TO THRILL: JAMES BOND, THE MOVIES AND THE COURTS: LEGAL TALES THAT WON’T SCARE THE LIVING DAYLIGHTS OUT OF YOU
This morning I am encouraging you to read ‘James Bond and the Law’ : A talk to the Manchester Business and Property Courts Forum [2023] UKSpeech 7REH2, given by Mr Justice Foxton. A look through at the James Bond franchise…
PERMISSION GIVEN FOR “UPDATING” WITNESS STATEMENTS: PARTIES NEED TO CONSIDER DIRECTIONS FOR UP-TO-DATE FACTUAL EVIDENCE
The judgment of Mr Justice Ritchie in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2023] EWHC 1770 (KB) is an example of how consideration needs to be given to “updated” witness statements in a case where there situation is…
COST BITES 95: A SOLICITOR’S BILL IS “PAID” WHEN FUNDS ARE DEDUCTED FROM DAMAGES AND A COMPLIANT BILL SENT TO THE CLIENT
NB this decision was overturned by the Supreme Court. See the discussion on the Supreme Court decision here. In Menzies v Oakwood Solicitors Ltd [2023] EWCA Civ 844 the Court of Appeal held that a solicitors bill is “paid” when…
INTEPRETERS’ FEES ARE RECOVERABLE IN THE FIXED COSTS REGIME: COURT OF APPEAL DECISION
In Santiago v Motor Insurers’ Bureau [2023] EWCA Civ 838 the Court of Appeal held that the costs of interpreters are recoverable under the fixed costs regime. It is an indictment of the wholly inadequate thought given to the fixed…
EVIDENCE OF EXPERTS SHOULD BE SCRUTINISED AND NOT SIMPLY TRANSPOSED INTO SCHEDULES: “A CARE EXPERT SHOULD BE ABLE TO FULLY JUSTIFY ANY ASPECT OF CARE… WHICH THE COURT IS BEING ADVISED SHOULD BE PROVIDED”
In Scarcliffe -v- Bramton Valley Group Ltd [2023] EWHC 1565 (KB) Mr Justice Cotter sent out another warning about the inadequate state of expert reports. Here we look at the judgment in relation to the care experts. (A copy of…
THE COSTS JUDGE OVER YOUR SHOULDER: DEDUCTING COSTS FROM THE CLIENT’S DAMAGES: WEBINAR 20th SEPTEMBER 2023
On the 20th September 2023 I am presenting a webinar looking at issues relating to the deduction of costs from the client’s damages in a personal injury claim.This webinar looks at the regulations and case law relating to the deduction…
ALLEGATIONS OF FUNDAMENTAL DISHONESTY FAILED: MANY OF THE ASSERTIONS DID NOT GO “TO THE HEART OF THE CLAIM”
In Afriyie v Commissioner of Police for the City of London [2023] EWHC 1632 (KB) Mrs Justice Hill rejected the defendant’s twelve allegations of fundamental dishonesty made against a claimant. Some of the assertions were rejected because they did not…
“E-MAIL EXCHANGES COULD BE 2,000 OR 4,000 PAGES APART”: A JUDGMENT ABOUT BUNDLES (WHERE YOU CAN SEE SOME FAIRLY GRUMPY CORRESPONDENCE)
In Bailey -v- Stonewall Equality Ltd, Garden Court Chambers & others the Employment Tribunal awarded £20,000 costs against the respondents (in what is normally a no- costs regime) because of the chaotic way that the application bundle had been presented. …
WHAT HAPPENS TO INTEREST WHEN A DEFENDANT ACCEPTS A CLAIMANT’S PART 36 OFFER LATE? HIGH COURT DECISION
In MGS v University Hospitals Bristol and Weston NHS Foundation Trust [2023] EWHC 1547 (KB) Dexter Dias (sitting as a Deputy High Court Judge) rejected an argument that interest should run at 8% following the defendant’s late acceptance of the claimant’s…
SUCCESSFUL CLAIMANT’S PART 36 OFFER: “PART OF THE POINT OF THE PENAL CONSEQUENCES OF PART 36 IS TO PREVENT THE SORT OF COSTS ARGUMENT THAT MIGHT OTHERWISE BE MADE”
In Green v White Lantern Film (Britannica) Ltd [2023] EWHC 1391 (Ch) Mr Justice Michael Green considered arguments as to conducts and costs in a case where the claimant had beaten her own Part 36 offer. The normal Part 36…
A THUMBS UP EMOJI LED TO A BINDING CONTRACT: LESSONS FROM CANADA
In South West Terminal Ltd. v Achter Land, 2023 SKKB 116 (CanLII) Keene J. decided that a thumbs up emoji “👍” led to a binding contract being created. The case is mentioned in Legal Cheek here and has led to…
COST BITES 94: SOLICITOR AND OWN CLIENT COSTS: COSTS BUDGETING: BUDGETING OVERSPEND: THE DUTY TO WARN: THE APPROPRIATE SUCCESS FEE
In JXC v NIS [2023] EWHC 1000 (SCCO) Costs Judge Leonard considered issues relating to the recoverability of costs from the client over and above those recovered inter-partes. This case shows the importance of informing the client about the costs…
CLAIMANT’S OFFER TO ACCEPT 99.9% OF THE CLAIM WAS A VALID PART 36 OFFER: BUT NORMAL PART 36 BENEFITS WOULD NOT APPLY
In Sleaford Building Services Ltd v Isoplus Piping Systems Ltd [2023] EWHC 1643 (TCC) Mr Alexander Nissen KC, held that a claimant’s offer to accept 99.9% of its claim was a valid Part 36 offer. However it was held to…
REDACTION OF DOCUMENTS SHOULD NOT BE ROUTINE: ADMINISTRATIVE COURT DECISION
In FMA & Ors v Secretary of State for the Home Department [2023] EWHC 1579 (Admin) Mr Justice Swift made the point the redaction of documents in judicial review proceedings should not be routine. THE CASE The judge was…
NEW EDITION OF THE SENIOR COURT COSTS OFFICE GUIDE (2023)
The latest edition of the Senior Court Costs Office Guide is now available here. As ever the Guide contains a detailed and comprehensive guide to all the procedural (and some substantive) issues THE INTRODUCTION “The Senior Courts Costs Office (SCCO)…
UNSUCCESSFUL RESPONDENT CANNOT INTRODUCE NEW EVIDENCE AFTER DRAFT JUDGMENT HANDED DOWN
In Manolete Partners Plc v White [2023] EWHC 1644 (Ch) HHJ Hodge KC (sitting as a High Court judge) considered an application to adduce further evidence after a draft judgment had been circulated. The application was refused. The respondent was…
JUST LET GO: COURTS CANNOT FORCE A LITIGATION FRIEND TO KEEP ON ACTING: HIGH COURT DECISION
In Major v Kirishana [2023] EWHC 1593 (KB) Mr Justice Cotter allowed an appeal in which a judge had refused a Litigation Friend’s application to terminate their appointment. The judgment makes it clear that there will be very few circumstances…
PROVING THINGS 230: WATCH THE METADATA: IF THERE ARE DIFFERENT DATES THEN THIS REQUIRES AN EXPLANATION
In Adams & Ors v FS Capital Ltd & Ors [2023] EWHC 1649 (Ch) Mr Justice Edwin Johnson commented on the difficulties caused by the defendants’ failure to establish why the metadata for documents was different to the dates shown…
AVOIDING NEGLIGENCE CLAIMS IN PERSONAL INJURY LITIGATION: A RECAP OF THE FIRST SERIES
As part of the scroll through the “back catalogue” on this blog we are looking at the series from 2013 on avoiding negligence. Remember that this series was written 10 years ago. There may have been some changes since then,…
COST BITES 93: SOLICITOR IS NOT LIABLE TO PAY FEES WHEN THEY WERE ACTING AS A PROFESSIONAL DEPUTY
The arguments raised in Brassington v Knights Professional Services Ltd (t/a Knights) (Re Court of Protection – Deputyship) [2023] EWHC 1568 (Ch) are interesting ones. HHJ Hodge KC (sitting as a High Court Judge) rejected the defendant’s assertions that a…
FOUR INTERESTING POSTS ON EXPERTS: HOW TO CROSS-EXAMINE, HOW TO INSTRUCT, DON’T BE LATE AND – WHATEVER YOU DO – DON’T DO THIS
Expert evidence has been a regular feature on this blog. Here we are looking at four posts from June 2014 which give rise to issues that resonate today. Advice on cross-examining experts, consideration of instructing experts, an attempt to introduce…
PROVING THINGS 229: CLAIMANT FAILS TO PROVE CERTAIN HEADS OF DAMAGES: DECISION UPHELD ON APPEAL
The judgment of Mr Justice Ritchie in Lal v Reeder [2023] EWHC 1437 (KB) is a classic example of a failure to prove things. The trial judge found that the claimant had failed to establish certain heads of damage. That…
ON THIS BLOG NINE YEARS AGO: WITNESS STATEMENTS, WITNESS CREDIBILITY AND WITNESS SUMMARIES
Continuing with the series looking a posts from this blog from the past, here we look at posts from June 2014. This was an interesting month, the blog set out all the arguments that took place in the Denton decision. There…
PART 36, LATE ACCEPTANCE AND QOCS: COURT OF APPEAL DECIDE AN UNUSUAL ISSUE: A COURT CANNOT MAKE AN ORDER PROTECTING A PARTY AGAINST A POTENTIAL CHANGE IN THE RULES
In Tabbitt v Clark [2023] EWCA Civ 744 the Court of Appeal rejected an application for a declaration that would have “future proofed” the claimant’s position in relation to liability for costs following late acceptance of the defendant’s Part 36…
“GIVEN THE INCOMPETENT WAY THE LITIGATION HAD BEEN CONDUCTED TO DATE”: CIRCUIT JUDGE WAS RIGHT TO REFUSE AND ADJOURNMENT AND RIGHT IN STRIKING OUT THE CLAIM
In Brem v Clark & Anor [2023] EWHC 1358 (KB) Mr Justice Martin Spencer dismissed an appeal against a decision to strike out an action. The claimant’s counsel failed to attend at the hearing, but the judge was correct to…
ANOTHER CLAIM FORM ISSUE: NO SEAL NO CASE: “SERVICE MEANS HAVING A SEALED CLAIM FORM IN HAND WHICH CAN BE PROVIDED TO THE DEFENDANT”
In Clewer v Higgs & Sons (a firm) [2023] EWHC 1556 (Ch) Mr Justice Adam Johnson upheld a decision that the claimants had failed to serve a claim form properly. The judge held that the requirement to serve a sealed…
COURT OF APPEAL UPHOLDS DECISION NOT TO GRANT RELIEF FROM SANCTIONS: PROBLEMS WITH ISSUE, SERVICE AND NOTICE OF APPLICATIONS: ALL LITIGATION LIFE IS HERE…
In Elo Trustees Ltd v Bonhams 1793 Ltd & Anor [2023] EWCA Civ 664 the Court of Appeal upheld a decision not to give relief from sanctions. The case is illustrative of a large number of the dangers of litigation….
PROVING THINGS 228: INADEQUATE DISCLOSURE AND WITNESS STATEMENTS “IN ALMOST IDENTICAL FORMAT” FAIL TO BRING HOME THE DOUGH
The judgment of Lionel Persey KC (sitting as a Judge of the High Court) in Finsbury Food Group Plc v Axis Corporate Capital UK Ltd [2023] EWHC 1559 (Comm) shows some significant issues in relation to the evidence presented in…
CLAIMANTS COME TO GRIEF OVER SERVICE OF UNSEALED CLAIM FORM: COURT OF APPEAL HOLD THAT CPR 3.10 APPLIES TO DEFENDANT’S MISCARACTERISED APPLICATION
It is rarely possible to get to the end of a month without some kind of discussion on this blog about service of the claim form. This month is no exception. In Pitalia & Anor v NHS England [2023] EWCA…
ON THIS BLOG 10 YEARS AGO: PART 36; INTERIM PAYMENTS AND SUING THE “MAN OF STRAW”
Now that the blog is 10 years (and 2 days) old it gives me an opportunity to look back at previous posts in a way that remains useful. Some (but not all) of the posts over the past decade stand…
TEN YEARS OF BLOGGING : A DECADE OF CIVIL LITIGATION BRIEF: A QUICK LOOK BACK AND AN EVEN QUICKER LOOK FORWARD
The 24th June 2023 marks the 10th anniversary of the start of the blog. I did worry, when I started, whether there would be enough material to . However, over the past 10 years I have never been short of…
COST BITES 92: THE TRANSIT OF VENUS, THE WISDOM OF SOLOMON AND THE QUESTION OF WHETHER TIME SPENT AT CASE MANAGEMENT MEETINGS IS RECOVERABLE INTER PARTES
I am grateful to Andrew Davis KC for bringing my attention to the judgment of Master McCloud in Hadley v Przybylo (Costs, Costs budgeting, Costs lawyers, personal injury, case manager, recoverability) [2023] EWHC 1392 (KB). The Master rejected the argument…
USING TRANSLATORS: COURT HEARINGS AND WITNESS STATEMENTS: WHERE CAN IT ALL GO WRONG
In Alam v Alam & Anor [2023] EWHC 1460 (Ch) the Court had to deal with issues relating to translators and witness statements. There were several issues in relation to the use of translators. The evidence of one witness was…
CLAIMANT’S PART 36 OFFER WAS FOR 96% OF THE CLAIM: IT WAS HELD UNJUST FOR NORMAL PART 36 CONSEQUENCES TO APPLY
In Yieldpoint Stable Value Fund, LP v Kimura Commodity Trade Finance Fund Ltd [2023] EWHC 1512 (Comm) Stephen Houseman KC (sitting as a High Court Judge) found that it was not unjust to disallow the normal Part 36 consequences in…
3,450 CLAIMANTS CAN USE THE SAME CLAIM FORM: DIVISIONAL COURT DECISION ON CPR 7.3.
I am grateful to David Platt KC for sending me a copy of the decision of the Divisional Court in Abbott -v- Ministry of Defence [2023] EWHC 1475 (KB). The Court overturned a previous decision of a Master and allowed…
CLAIMANT’S CONVENTION CLAIM DISMISSED FOLLOWING ATTEMPT TO AMEND AFTER THE EXPIRY OF THE LIMITATION PERIOD
I am grateful to Barrister Katherine Howells for sending me a copy of the judgment in Hallett -v- TUI Airways Limited, a copy of which is available here Approved Judgment Hallett v TUI Airways Limited. The case deals with the…
INFLATION TO BE TAKEN INTO ACCOUNT IN ASSESSING DAMAGES USING THE JUDICIAL COLLEGE GUIDELINES
In Blair v Jaber [2023] EW Misc 3 (CC) Recorder Jack considered the issue of whether the court should take into account inflation when looking at the Judicial College Guidelines. The Recorder held that it should. …
COST BITES 91: CONVERSION OF CURRENCY WHEN A RECEIVING PARTY HAS PAID ITS LAWYERS IN EUROS
We have looked before at the case helpfully sent by Nicholas Lee Paragon of Costs Solutions , in Micula and others v Romania [2023] UKSC 2018/0177 (23 May 2023). Here we look at that part of the judgment that deals…
LATE SERVICE OF THE PARTICULARS OF CLAIM: THE “TRAP FOR THE UNWARY” AND RELIEF FROM SANCTIONS
In Altiatech Ltd v Birmingham City Council [2023] EWHC 1371 (TCC) Mr Justice Waksman considered the position when a claimant served the Particulars of Claim late. The judgement refers to a specific rules in relation to procurement. However the point…
A REPEAT: WHAT TO DO WHEN THINGS GO WRONG IN LITIGATION (BECAUSE ONE DAY THEY WILL…)
Last week I tweeted a link to a blog post that was written in 2019. It led to a lot of interest, some people stating that the issues involved stretched far beyond the legal profession (including pastors). The original post…
CLAIMANTS’ APPLICATION TO VARY COSTS BUDGET DISMISSED: A SELF – IMPOSED DIFFICULTY DID NOT (ON THESE FACTS) AMOUNT TO A SIGNIFICANT DEVELOPMENT
In Simpsons (Preston) Ltd & Anor v MS Amlin Underwriting Ltd [2023] EWHC 1370 (Comm) HHJ Pearce refused the claimants’ application to vary the costs budget in relation to disclosure. The reason the application was made because the claimants had…
THE DANGERS OF ACCIDENTALLY DISCLOSING WITHOUT PREJUDICE OFFERS: THE TRIAL JUDGE WAS “HANDED A BOOBY-TRAPPED BUNDLE”
The judgment of Sir Jonathan Cohen in Koukash v Koukash [2022] EWHC 1001 (Fam) underlines the importance of keeping without prejudice offers out of the sight of the trial judge. A finding in a family case was overturned because one…
BE CAREFUL WHEN INSTRUCTING AN EXPERT: TEST THEIR EVIDENCE BEFORE TRIAL: THE CONSEQUENCES FOR YOUR CLIENTS COULD BE PROFOUND
We have looked at the decision in relation to costs in the case of ABC & Ors v Derbyshire County Council & Anor [2023] EWHC 986 (KB) in an earlier post. The decision on costs, and the primary judgment on…
CIVIL PROCEDURE BACK TO BASICS 97: GIVING THE SOURCE OF INFORMATION AND BELIEF IN WITNESS STATEMENTS: 10 BASIC POINTS
This is not the first time that this series has dealt with this issue. The post earlier this week on the judgment in MF Tel Sarl v Visa Europe Ltd [2023] EWHC 1336 (Ch) shows that it is a regular issue….
COST BITES 90: CLAIMANTS LIABLE TO PAY 5% OF DEFENDANT’S COSTS: HUMAN RIGHTS, PERSONAL INJURIES AND “MIXED CLAIMS”
In ABC & Ors v Derbyshire County Council & Ors, Re Costs [2023] EWHC 1337 (KB) Mrs Justice Hill considered the liability of the claimants to pay costs in a “mixed claim” which was, primarily, a personal injury claim. She…
CLAIMANT SUCCESSFUL ON APPEAL ON “LATE” SERVICE OF CLAIM FORM ISSUE: THE COURT CANNOT BACKDATE DATE OF SEAL ON A CLAIM FORM
I am grateful to barrister Henry Bankes-Jones for sending me a copy of the Court of Appeal decision today in Walton -v- Pickerings Solicitors and F Brophy [2023] EWCA Civ 602. Walton v Pickerings final The Court of Appeal allowed…
CLAIMANT DID NOT RECEIVE PART 36 BENEFITS WHEN IT BEAT ITS OWN OFFER BY SEVEN PENCE: A REQUEST TO CAPITULATE IS NOT A GENUINE OFFER OF SETTLEMENT
I am grateful to barrister James Miller for sending me a copy of the judgment of District Judge Griffith in Gohil -v-Advantage Insurance Company (County Court at Birmingham, 11th May 2023) a copy of which is available here. Gohil v…
DEFECTIVE WITNESS STATEMENTS CONSIDERED: THE MAKER OF THE STATEMENT MUST GIVE THE SOURCE OF INFORMATION AND BELIEF
The judgment in MF Tel Sarl v Visa Europe Ltd [2023] EWHC 1336 (Ch) records it was before “Master Marsh (sitting in retirement). However the Master has lost none of his pre-retirement keenness for ensuring that parties filing witness statements…
You must be logged in to post a comment.