TALES FROM THE APIL CONFERENCE 2: SOCIAL MEDIA NORTH OF THE BORDER: "HE WAS ONE OF A GROUP OF MEN SIMILARLY DRESSED EXCEPT FOR THE TARTAN OF THEIR KILT"

TALES FROM THE APIL CONFERENCE 2: SOCIAL MEDIA NORTH OF THE BORDER: “HE WAS ONE OF A GROUP OF MEN SIMILARLY DRESSED EXCEPT FOR THE TARTAN OF THEIR KILT”

This year sees the first APIL President from Scotland, Gordon Dalyell.  As soon as I sent out the previous post on social media a a Scottish Sheriff, Sheriff Cubie, sent me an example of the use of social media in…

THE CIVIL PROCEDURE BACK TO BASICS SERIES 20: A RECAP

THE CIVIL PROCEDURE BACK TO BASICS SERIES 20: A RECAP

The purpose of this series is to provide short and basic summaries of some of the key points of civil procedure. Often a post is due to an observation made in a recent case, a comment on Twitter or a…

COSTS WHERE A PARTY SUES A NUMBER OF DEFENDANTS: DEFENDANTS ORDERED TO PAY SUCCESSFUL DEFENDANT’S COSTS: HIGH COURT APPEAL

I am grateful to Thomas Riis-Bristow, Associate Solicitor at Irwin Mitchell, for sending me a copy of the judgment of Mr Justice Lavender in McDermott -v- Inhealth Limited (19/07/2018),  This deals with the issue of the appropriate costs order when…

THE JUDGE'S ROLE WHEN A PARTY DOES NOT ATTEND TRIAL: SECTION 33 APPLICATION ALLOWED WHEN PROCEEDINGS ISSUED 22 YEARS AFTER ASSAULTS

THE JUDGE’S ROLE WHEN A PARTY DOES NOT ATTEND TRIAL: SECTION 33 APPLICATION ALLOWED WHEN PROCEEDINGS ISSUED 22 YEARS AFTER ASSAULTS

In the judgment today in LXA & Anor v Willcox [2018] EWHC 2256 (QB) His Honour Judge Robinson (sitting as a Judge of the High Court) had to consider two issues: (i) the appropriate role of the judge when a…

WITNESSES, SEARCHES, CREDIBILITY AND... BEDS: AN AVERAGE DAY IN THE INTELLECTUAL PROPERTY ENTERPRISE COURT: NAILING JELLY TO THE WALL

WITNESSES, SEARCHES, CREDIBILITY AND… BEDS: AN AVERAGE DAY IN THE INTELLECTUAL PROPERTY ENTERPRISE COURT: NAILING JELLY TO THE WALL

The judgment  in  Birlea Furniture Ltd v Platinum Enterprise (UK) Ltd & Anor [2018] EWHC 26 (IPEC) has some interesting lessons for all litigators. Not least the need to be on guard in relation to search terms and search criteria.  …

ADVOCACY: THE JUDGE'S VIEW: THAT DIFFICULT SECOND SERIES 1: LEARNING FROM THE MASTERS

ADVOCACY: THE JUDGE’S VIEW: THAT DIFFICULT SECOND SERIES 1: LEARNING FROM THE MASTERS

Last year I wrote a series on Advocacy the Judge’s view.  There were ten posts which culled guidance from judges around the world. I had no plans to write another. However I read the article by Master David Cook “Advocacy…

PROVING THINGS 70: CAUSATION HAS TO BE ESTABLISHED AND WILL NOT BE INFERRED: PRIVY COUNCIL DECISION

PROVING THINGS 70: CAUSATION HAS TO BE ESTABLISHED AND WILL NOT BE INFERRED: PRIVY COUNCIL DECISION

Most of the cases looked at  in the Proving Things series have, inevitably, been first instance decisions.  To mark the 70th in the series we are looking at a Privy Council decision, Petroleum Company of Trinidad and Tobago Ltd v Ryan…