COURT OF APPEAL UPHOLDS REFUSAL TO ALLOW DEFENDANTS TO WITHDRAW FROM ADMISSIONS: “THE STATEMENT OF TRUTH IS NO EMPTY FORMALITY”
In Clarkson v Future Resources FZE & Ors [2022] EWCA Civ 230 the Court of Appeal upheld a judge’s decision not to allow the defendants permission to withdraw an admission. It is an important reminder of the quality of the…
TAKE CARE: THE SOLICITOR SIGNED THE STATEMENT OF TRUTH ON MATTERS WHICH WERE FOUND TO BE “DIRECTLY UNTRUE”
I am picking up another point from the judgment in Beattie Passive Norse Ltd & Anor v Canham Consulting Ltd (No. 2 Costs) [2021] EWHC 1414 (TCC). That is the care that must be taken when a solicitor signs a statement…
A LOT ABOUT LITIGATION CONDUCT HERE: SIGNATURE OF THE STATEMENT OF TRUTH: POOR BUNDLES: POOR WITNESS STATEMENTS AND THE TOTAL LACK OF WISDOM IN SENDING MATERIAL DIRECTLY TO THE JUDGE IN THE MIDDLE OF A TRIAL…
The judgment of Mr Justice Fraser in Beattie Passive Norse Ltd & Anor v Canham Consulting Ltd [2021] EWHC 1116 (TCC) demonstrate some “unusual” conduct in litigation. Not least the claimant’s solicitors wrote to the judge, in the middle of…
WHEN A SOLICITOR SIGNS A STATEMENT OF TRUTH ON BEHALF OF A CLIENT: GET THE WORDING RIGHT (AND REMEMBER WHAT IT IS YOU ARE CERTIFYING)
A regular search term that leads people to this blog is “can a solicitor sign a statement of truth on behalf of a client?” The answer is yes, for some documents at least. The lawyer has to remember (i) what…
“WHAT’S THE DIFFERENCE BETWEEN KNOWLEDGE AND BELIEF?” WHY IS THIS IMPORTANT? 10 KEY POINTS RE-VISITED
The question “What’s the difference between knowledge and belief” was a search term that led to this blog yesterday. I mentioned this on Twitter and it has led to some interesting responses, ranging from the philosophical to the whimsical. You…
CIVIL PROCEDURE BACK TO BASICS 91: MAKE SURE YOUR CLIENT IS STILL ALIVE WHEN YOU ISSUE – AT CERTAINLY AT THE TIME OF TRIAL: A SITUATION THAT IS UTTERLY BIZARRE
The facts in Amirtharaja & Anor v White & Anor [2021] EWHC 330 (Ch) are unusual to say the least. Someone who had died two years prior to issue was included as a party in a claim form. The matter…
A CAREFUL APPROACH IS NEEDED TO THE GATHERING OF EVIDENCE AND THE SIGNING OF WITNESS STATEMENTS: A LOCAL AUTHORITY FALLS WELL SHORT OF THE MARK
It is unusual for this blog to cover family cases, particularly decisions made some three years ago. However the judgment of HHJ Corbett in E (A Child : Care proceedings : Costs) [2017] EWFC 118 has recently been published on…
“LITIGANTS SHOULD BE TERRIFIED IF THEY LIE TO THE COURT”: THE IMPORTANCE OF THE STATEMENT OF TRUTH
There are many, many cases about committal proceedings in commercial cases. Some judges have observed that they appear to be used tactically. Most are confined to their own facts. However in North of England Coachworks Ltd v Khan [2020] EWHC…
WHEN A DEFENDANT FILED A COSTS BUDGET LATE: RELIEF FROM SANCTIONS REFUSED: “THE DEFAULTING PARTY HAS ONLY ITSELF OR ITS LEGAL REPRESENTATIVE TO BLAME”
The judgment of HHJ Simon Barker QC in Heathfield International LLC v Axiom Stone (London) Ltd [2020] EWHC 1075 (Ch) is another example of a party coming to grief because of the failure to file a costs budget timeously. That…
MORE ON THE NEW STATEMENT OF TRUTH: CAN YOU CHANGE THE WORDING?
I have had questions, from several sources, about whether it is possible to amend the “new form” of the statement of truth when a document is not being signed by a party to litigation. PRACTICE DIRECTION 22. The new…
GOOD MORNING FOLKS: REMEMBER (TO ADD TO ALL YOUR OTHER TROUBLES) THE RULES CHANGE TODAY…
To add to all the practical difficulties facing litigators the 113th update to Practice Direction Amendments comes into force today. Here are some of the key points. THE AMENDMENT TO THE STATEMENT OF TRUTH This the major change that will…
REMOTE WORKING AND THE LITIGATOR 3: SIGNING WITNESS STATEMENTS IN A TIME OF SOCIAL ISOLATION
One major difficulty that faces all litigators at present is how to get witness statements signed. Here are a few ideas. E-SIGNATURES MAY BE VALID There is no binding authority on this issue. However the decision of District Judge…
REMOTE WORKING AND LITIGATOR 2: THE STATEMENT OF TRUTH
There are likely to be very few, if any, “face to face” meetings with clients in the near future. How do we cope with the statement of truth (I will deal with the specific issue of witness statements and the…
WITNESS STATEMENTS IN FOREIGN LANGUAGES: CHANGES COMING INTO FORCE IN APRIL
The 113th update to Practice Direction Amendments introduces important changes to to witness statements in foreign languages (Coming into force from the 6th April 2020). CHANGES TO PRACTICE DIRECTION 22 – STATEMENTS OF TRUTH There are amendments and addition…
THE IMPORTANCE OF THE STATEMENT OF TRUTH (3): THE SCARY STUFF (THE REALLY SCARY STUFF)
This is the third (and final) post in the series that examines the importance of the statement of truth. Here we look at the clear and start warnings given by the courts about the importance of the statement of truth….
THE IMPORTANCE OF THE STATEMENT OF TRUTH (2): WHY LAWYERS SHOULD THINK (MORE THAN TWICE) BEFORE SIGNING IT
Given the imminent changes to the statement of truth this is a good time to consider the problems that can occur when a lawyer signs a statement of truth on behalf of their client. There are some cases that make…
THE IMPORTANCE OF THE STATEMENT OF TRUTH (1): WHY IT NEEDED “BEEFING UP” (THE RULES COMMITTEE COULD HAVE DONE THIS FIVE YEARS AGO…)
Yesterday was, by a long way, the busiest day on this blog ever. The reason for this being that everyone is anxious to know the new wording for the statement truth. There is a need for a short series on…
MORE RULE CHANGES IN APRIL: CHANGES TO THE STATEMENT OF TRUTH: YOU HAVE BEEN WARNED…
We are returning to the 113th update to Practice Direction Amendments. This introduces important changes to to the wording of the statement of truth. (Coming into force from the 6th April 2020). THE AMENDMENT The amendment makes changes to the…
WHY PROCEDURAL RULES ARE IMPORTANT (AND LEAD TO SUBSTANTIVE JUSTICE): “JUDGES ARE NOT SUPERHUMAN, AND DO NOT POSSESS SUPERNATURAL POWERS”
In Paralel Routs Ltd v Fedotov [2019] EWHC 2656 (Ch) HHJ Paul Matthews (sitting as a judge of the High Court) emphasised the importance of procedural rules. There are quite a few interesting observations in relation to disclosure, redaction, civil…
THE BACK TO BASICS SERIES: A RUNNING ACCOUNT: READ THEM ALL HERE
The “Back to Basics” series, as the title suggests, deals with some of the basic elements of civil procedure. It covers everything from applications and bundles to the taking of witness statements. The titles are often prompted by elements…