ACTION STRUCK OUT UNDER CPR 3.4(2)(c) FOR NON COMPLIANCE: DENTON PRINCIPLES APPLIED
Here we have a reminder that failure to comply with rules and orders have consequences. In this case the consequences were that the Part 20 claimants’ action for damages was struck out. There had been a series of failures…
“IN VIEW OF THE LAMENTABLE WAY IN WHICH BOTH THESE APPLICATIONS HAVE BEEN PREPARED, I DISALLOW ALL COSTS OF TODAY”: JUDGE CRITICAL OF SKELETON ARGUMENTS AND WITNESS STATEMENTS
In Ahmed & Anor v Ahmed [2021] EWHC 1021 (Ch) Mr David Halpern QC (sitting as a Deputy High Court Judge) had much to say in relation to manner in which an application was brought before the court. The skeleton…
COUNSEL’S FEES NOT RECOVERABLE UNDER FIXED COSTS REGIME WHERE CASE SETTLED DAY BEFORE HEARING
I am grateful to barrister Sarah Robson for sending me a copy of the decision of Master Haworth in Coleman -v- Townsend [SCC Senior Court Costs Office 13th July 2020). A copy of which is available here Final Judgment Coleman…
ADVOCACY THE JUDGE’S VIEW SERIES 4: PART 1: THE DEADLY SINS OF ORAL ADVOCATES: DON’T BE CONFUSING OR BORING (PLUS A RECAP OF THE PREVIOUS SERIES)
After a break of eight months I am starting a new series featuring the guidance the judges give to advocates. Here I am encouraging you to read The deadly sins of oral advocates: Part One, in the Lawyers Weekly. A…
YOU’RE FIRED: A LITIGATION LAWYER ON THE APPRENTICE 1: PRECEDENTS: “THAT IS NOT A SKELETON”
This year sees a litigation lawyer featuring as a candidate in the Apprentice, together with a law graduate. Is there anything we litigators can learn from seeing lawyers on the apprentice? After a challenge was issued I decided to follow…
SETTING JUDGMENT ASIDE: LIMITATION, SECTION 33 AND DENTON: CARDS ON THE TABLE PLEASE – THIS IS THE CPR
In TPE v Franks [2018] EWHC 1765 (QB) Mr Justice Julian Knowles set aside a default judgment. The case contains some important observations as to how the courts should consider an application to set aside a default judgment – considering…
ADVOCACY – THE JUDGE’S VIEW, SERIES 2 PART 3: SKELETON ARGUMENTS, PREPARATION AND PRESENTATION: AN ABSOLUTE GOLDMINE
This blog has many posts that record cases where judges have been critical of the contents (and usually length) of skeleton arguments. A remedy for most of these issues has been available since 2004. Gray’s Inn prepared a paper “Skeleton…
"UNNECESSARY, UNHELPFUL & UNACCEPTABLE" : OVER-LONG SKELETON ARGUMENTS – AGAIN.
There have been a series of judgments in the civil courts, notably from Jackson L.J., commenting on the length of skeleton arguments. The criminal courts are not immune. In R -v- Brandford [2016] EWCA Crim 1749 the Court of Appeal…
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