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…
CIVIL PROCEDURE BACK TO BASICS 50: 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”. Some people have expressed surprise and how “basic” some points are…
A REFRESHER COURSE (1): THE STATEMENT OF TRUTH : “NOT AN IRRELEVANT MANTRA OR MERE VERBIAGE”
The previous post on this blog was about the importance of giving the source of information or belief and first hand witness evidence. However whenever a lawyer signs a document with a statement of truth they are taking their career…
SIGNATURES, ELECTRONIC SIGNATURES AND STATEMENTS OF TRUTH: A BRIEF REFRESHER
One aspect of the decision in Zurich Insurance Plc v Romaine [2019] EWCA Civ 851 that may be unique is the fact that the court will be considering the statement of truth certified by an electronic signature. That case emphasises, if…
LIMITS ON THE DUTY OF COUNSEL TO ADVISE ON COSTS AND FUNDING: ALSO PARTICULARS OF CLAIM – IF YOU CAN’T PLEAD A CASE PROPERLY ITS PROBABLY INDICATIVE OF A POOR CASE
The judgment in Andrews & Ors v Messer Beg Ltd [2019] EWHC 911 (Ch) contains an interesting discussion on a barrister’s duty to advise on the funding of litigation. The Part 20 claimant, having had the particulars of claim struck out, …
SOMETHING FOR THE WEEKEND: THE THIRD POST THIS WEEK ABOUT THE STATEMENT OF TRUTH: WHEN A SOLICITOR SIGNS A STATEMENT OF TRUTH ON BEHALF OF A CLIENT
I am returning, again, to the consequences of the Court of Appeal judgment in Liverpool Victoria Insurance Company Ltd v Zafar [2019] EWCA Civ 392, “the deliberate or reckless making of a false statement in a document verified by a statement of…
A WHOLE COURT OF APPEAL CASE ABOUT WHETHER IT IS APPROPRIATE TO DRAFT A “NON-ADMISSION”: NO DUTY ON A DEFENDANT TO SEEK OUT INFORMATION FROM A THIRD PARTY WHEN DRAFTING A DEFENCE
In the judgment today in SPI North Ltd v Swiss Post International (UK) Ltd & Anor [2019] EWCA Civ 7 the Court of Appeal carried out a close analysis of the rules relating to pleading a defence. In particular the…
THE STATEMENT OF TRUTH AND WITNESSES WITH POOR ENGLISH: PRACTICE DIRECTION 22
The post earlier today about witness statements in a foreign language led (almost immediately) to a telephone enquiry as to what happens when a party cannot read or understand the statement of truth in a statement of case. The answer…
CIVIL PROCEDURE: BACK TO BASICS 21: PLEADING IN THE ALTERNATIVE: BINKS -v- SECURICOR
Can a claimant plead two alternative cases? This is an issue that often arises in personal injury litigation, where the basic facts are disputed. A claimant may wish to argue that the defendant remains liable – even on the defendant’s…