NEW RULES AS TO SUMMARY JUDGMENT: COMING INTO FORCE ON THE 1st OCTOBER 2023: NEW CPR 24
“New” rules as to summary judgment come into force on the 1st October 2023. These are part of the process of “simplifying” the rules. The rules are introduced by the Civil Procedure (Amendment No.3) Rules 2023 THE NEW RULES “PART…
PROVING THINGS 227: IF YOU ARE GOING TO ALLEGE THAT LAWYERS WERE NEGLIGENT IN NOT CALLING EVIDENCE THEN YOU REALLY SHOULD REALLY HAVE THAT EVIDENCE TO HAND
The decision in Murithi & Ors v AVH Legal LLP (t/a Tandem Law) & Ors [2023] EWHC 1245 (KB) has in some ways a profound irony. A case alleging negligence by lawyers for failing to call evidence itself failed because…
DEFENDANT GRANTED SUMMARY JUDGMENT ON A SINGLE EVIDENTIAL ISSUE: CPR 24.2 CAN BE USED IN THIS CONTEXT
In Holdgate v Bishop [2022] EWHC 2850 (KB) Master Thornett granted the defendant’s application for summary judgement on a specific issue. The Master granted the defendant judgment on the issue of whether the claimant had instructed solicitors to sell land…
JUDGE GRANTS SUMMARY JUDGMENT AGAINST CLAIMANT IN ACTION AGAINST SOLICITORS AND LEADING COUNSEL
In Coote -v- Ullstein [2022] EWHC 606 (QB) His Honour Judge Gosnell (sitting as a judge of the High Court) granted the defendants’ applications for summary judgment in relation to a professional negligence claim being brought against them. The judge…
WHY YOU SHOULDN’T BANK ON SUMMARY JUDGMENT: THE COURT SHOULD NOT CONDUCT A “MINI TRIAL” ON SUMMARY JUDGMENT APPLICATIONS
In Philipp v Barclays Bank UK Plc [2022] EWCA Civ 318 the Court of Appeal allowed an appeal against an order giving the defendant summary judgment in favour of the defendant bank. The court emphasised that summary judgment applications should…
WHEN THE COURT LOOKS AT THE MERITS OF THE CASE IN A RELIEF FROM SANCTIONS APPLICATION: A RARE,BUT IMPORTANT, DEVELOPMENT
In Rapid Displays Inc & Anor v Ahkye & Anor [2022] EWHC 274 (Comm) HHJ Pearce (sitting as a judge of the High Court) refused the defendants’ application for relief from sanctions. That application was heard alongside the claimant’s application…
SUMMARY JUDGMENT GRANTED TO DEFENDANT: DAMAGES WERE “DE MINIMIS”: THE LAW WILL NOT SUPPLY A REMEDY WHEN NO HARM HAS CREDIBLY BEEN SHOWN
In Rolfe & Ors v Veale Wasbrough Vizards LLP [2021] EWHC 2809 (QB) Master MCCloud granted the defendant summary judgment in an action for breach of data. “There is no credible case that distress or damage over a de minimis…
LIABILITY UNDER SOLICITOR’S RETAINER COULD NOT BE ASSIGNED: DEFENDANT OBTAINS SUMMARY JUDGMENT IN ALLEGED NEGLIGENCE ACTION
In Burleigh House (PTC) Ltd v Irwin Mitchell LLP [2021] EWHC 834 (QB) Deputy Master Hill QC allowed a defendant’s application for summary judgment. The defendant solicitor’s terms and conditions contained a prohibition against the assignment. The current claimant was…
BARRISTER SUES FOR FEES: COURT STRIKES OUT SOLICITOR’S DEFENCE: BARRISTER OWES NO DUTY OF CARE TO SOLICITOR
In McFarland-Cruickshanks v England Kerr Hands Solicitors Ltd [2021] EWHC 525 (Comm) HHK Worster (sitting as a High Court Judge) granted an application to strike out the defence and counterclaim and for summary judgment. The claimant was a barrister suing…
PROCEDURE, SUMMARY JUDGMENT, “SURMISE AND MICAWBERISM” AND… THE ROYAL FAMILY
A blog about civil procedure doesn’t get to write about the Royal Family much. However the judgment of Mr Justice Warby in HRH The Duchess of Sussex v Associated Newspapers Ltd [2021] EWHC 273 (Ch) strays into our territory. There…
SUMMARY JUDGMENT AND STRIKING OUT: COVID MATTERS ARE A GOOD REASON TO DETERMINE ISSUES NOT DELAY THEM
In TKC London Ltd v Allianz Insurance PLC [2020] EWHC 2710 (Comm) Mr Richard Salter QC (sitting as a High Court Judge) considered the issue of whether issues relating to the COVID pandemic should be a factor in considering a…
CLAIM FOR DAMAGES STRUCK OUT: APPLICATION TO AMEND REFUSED: CLAIMANT FAILED TO USE THEIR LOAF AS CLAIM IS SLICED…
The judgment of Mrs Justice Jefford in The Leicester Bakery (Holdings) Ltd v Ridge And Partners LLP [2020] EWHC 2430 (TCC) shows the necessity of being able to particularise a claim for damages. What it demonstrates is that, in claims…
ACTION NOT STRUCK OUT BECAUSE ALLEGATIONS OF BAD FAITH AND WILFUL MISCONDUCT NOT FULLY PARTICULARISED
In Palladian Partners LP & Ors v The Republic of Argentina & Anor [2020] EWHC 1946 (Comm) Mrs Justice Cockerill refused to strike out pleadings alleging, bad faith, wilful misconduct and manifest error. This is the second example recently of…
FATAL ACCIDENT ACTION NOT STRUCK OUT: CAUTION NEEDED WHEN DEALING WITH A DEVELOPING AREA OF LAW
In the judgment this morning in Begum v Maran (UK) Ltd [2020] EWHC 1846 (QB) Mr Justice Jay refused a defendant’s application to strike out a claim and/for summary damages in for fatal accident damages. It highlights the point that…
WITNESS STATEMENTS “NOT IN MY STOCK IN TRADE”: HIGH COURT JUDGE HIGHLY CRITICAL OF ARGUMENTATIVE AND LARGELY IRRELEVANT WITNESS STATEMENTS
Last week I wrote about the report on witness evidence working group of the business and property courts. That report commented that drafting witness statements (more accurately evidence in chief) was no longer part of a lawyer’s “stock in trade”. …
CLAIMANT’S HUMAN RIGHTS CLAIM FOR LOSS OF CHERISHED NUMBER PLATES NOT STRUCK OUT:
I am grateful to solicitor Ian Bailey from PGB Gitlin Baker for sending me a copy of the decision of HHJ Roberts in Phillips -v- Secretary of State for Transport. (County Court at Central London 24/02/2020 – a copy of…
JUDGMENT MUST GIVE REASONS (AND NOT SIMPLY INCORPORATE A SKELETON ARGUMENT): THE BAKERS CAN CHALLENGE THEIR ELECTRICITY BILL
In Fine Lady Bakeries Ltd v EDF Energy Customers Ltd & Anor [2020] EWHC 87 (QB) Mrs Justice Farbey allowed an appeal against a Deputy District Judge who had granted summary judgment. The case emphasises the need for a judge…
NOT GIVING SOURCES OF INFORMATION AND BELIEF WHEN A SOLICITOR FILES A WITNESS STATEMENT: A PROBLEM BREAKING OUT ALL OVER
A post yesterday commented on the dangers of a solicitor (or indeed anyone) making a witness statement without giving the sources of their information and belief. An identical issue arose in the judgment of Deputy Master Linwood in Islestarr Holdings…
THE DANGERS OF A LAWYER GIVING EVIDENCE: A “SOMEWHAT STRANGLED VERSION” OF THE SOURCE OF INFORMATION & BELIEF: SUMMARY JUDGMENT APPLICATION DISMISSED BECAUSE OF PAUCITY OF FIRST-HAND EVIDENCE
There are numerous posts on the blog about the need for first-hand evidence to be given, and the dangers of a lawyer making witness statements. These risks are exemplified in the judgment of Chief Master Marsh today in The David…
PRELIMINARY ISSUES, WITNESS CREDIBILITY AND SUMMARY JUDGMENT: WHEN THE DEFENDANTS’ CHICKENS COME HOME TO ROOST…
The judgment of Mr Justice Lane in Antuzis & Ors v DJ Houghton Catching Services Ltd & Ors [2019] EWHC 843 (QB) is interesting for many reasons. It concerns a claim for damages for exploited labour. It confirms that directors…