CIVIL PROCEDURE BACK TO BASICS 82: PLEADING MITIGATION OF LOSS

CIVIL PROCEDURE BACK TO BASICS 82: PLEADING MITIGATION OF LOSS

One surprising aspect of the defendant’s argument in Tejani v Fitzroy Place Residential Ltd & Anor [2020] EWHC 1856 (TCC) was the assertion that the particulars of claim were defective because the claimant did not plead a failure to mitigate loss. …

CIVIL PROCEDURE BACK TO BASICS 81: THE SUMMARY ASSESSMENT OF COSTS: AVOIDING PROBLEMS

CIVIL PROCEDURE BACK TO BASICS 81: THE SUMMARY ASSESSMENT OF COSTS: AVOIDING PROBLEMS

Over the years we have seen a major difference in judicial responses to a failure to have a schedule of costs at a relevant hearing.  Some judges are forgiving, some simply order no – or minimal – costs.   In SRA…

ALLEGATIONS OF DISHONESTY LEAD TO INDEMNITY COSTS AGAINST THE DEFENDANT: THE HIGH RISK STRATEGY OF BUILDING HIGH WALLS ON LOW FOUNDATIONS

ALLEGATIONS OF DISHONESTY LEAD TO INDEMNITY COSTS AGAINST THE DEFENDANT: THE HIGH RISK STRATEGY OF BUILDING HIGH WALLS ON LOW FOUNDATIONS

In the previous post I reported on the decision in Kilbey -v- Arien Contractors  Ltd (KilbeyJudgment)  and noted that there had been an award of indemnity costs against the defendant. I am grateful to barrister Hannah Godfrey for sending me…

COVID REPEATS 44: DO YOU WANT TO BE LED, BARE HEADED, AROUND WESTMINSTER HALL FOR DRAFTING OVER-LENGTHY SKELETONS?

COVID REPEATS 44: DO YOU WANT TO BE LED, BARE HEADED, AROUND WESTMINSTER HALL FOR DRAFTING OVER-LENGTHY SKELETONS?

This series is going to end at 50.  I thought I’d end it by looking at some of my personal favourite posts and cases on this blog. We’ll start with the Court of Appeal in Caldero Trading -v- Leibson [2014] EWCA…

COVID REPEATS 42: FRAUDULENT CLAIMANTS AND THE NEED FOR SELF-PROTECTION BY LAWYERS

COVID REPEATS 42: FRAUDULENT CLAIMANTS AND THE NEED FOR SELF-PROTECTION BY LAWYERS

Today we are looking at a post that was written in 2016 about the need for “self protection” by lawyers. A report in Litigation Futures the previous week illustrated this need. The headline says it all “Insurance Fraudster who tried to…

COVID REPEATS 38: WHEN AN EXPERT FORGET TO MENTION THAT HE HAD BEEN A GOOD COLLEAGUE OF THE DEFENDANT

COVID REPEATS 38: WHEN AN EXPERT FORGET TO MENTION THAT HE HAD BEEN A GOOD COLLEAGUE OF THE DEFENDANT

There has been no shortage of cases about experts to revisit on this blog.  For the last look back at experts were are returning to a fairly unusual case. The facts in relation to the Defendant’s expert witness in the…

COVID REPEATS 15: MISSIVES FROM THE BENCH: "THAT ONE'S HALF BLIND AND HALF DEAF - I CALL HIM THE COURT OF APPEAL"

COVID REPEATS 15: MISSIVES FROM THE BENCH: “THAT ONE’S HALF BLIND AND HALF DEAF – I CALL HIM THE COURT OF APPEAL”

Today we are looking at a post about helpful, or otherwise, judicial observations.  These came from Twitter in November 2018.   DJ Tynas at Macclesfield I had a hearing in chambers. He was fond of keeping his dogs in there….

COVID REPEATS 11:  IF THEY SAY IT WILL BE "GOOD EXPERIENCE FOR YOU"  - WATCH OUT...

COVID REPEATS 11: IF THEY SAY IT WILL BE “GOOD EXPERIENCE FOR YOU” – WATCH OUT…

Here we are looking again at the good advice given by lawyers, and others, on Twitter in January 2017.  It may make more sense to start at the bottom of this post and follow the timeline upwards. Whichever way you…

THE (NOT SO) LONELY LITIGATOR'S CLUB 11: MORAYO FAGBORUN BENNETT

THE (NOT SO) LONELY LITIGATOR’S CLUB 11: MORAYO FAGBORUN BENNETT

The next member of our club is Morayo Fagborun Bennett a barrister at Hardwicke.  She recently lost her home office as it became a bedroom for her youngest child. This couldn’t have happened at a better time…   Where are…

THE (NOT SO) LONELY LITIGATOR'S CLUB 9: SUE JAMES

THE (NOT SO) LONELY LITIGATOR’S CLUB 9: SUE JAMES

I am taking advantage of this series to both make new friends and catch up with old ones*. I have known Sue James since we were at university together (a year or two ago now).  We were both involved in…

JOHN COLLINS: BARRISTER, SCHOLAR AND THE KINDEST PERSON YOU ARE EVER LIKELY TO MEET

JOHN COLLINS: BARRISTER, SCHOLAR AND THE KINDEST PERSON YOU ARE EVER LIKELY TO MEET

Earlier this evening Richard Wright, the leader of  North-Eastern Circuit  announced the death of barrister John Collins, of Park Square, Barristers, Leeds. “Today the @ne_circuit  lost one of its finest. John Collins called to the Bar 1956 and working to…

LIVERPOOL CIVIL COURT HAS OPENED A TWITTER ACCOUNT: JUST WHEN WE NEED A LITTLE HELP FROM OUR FRIENDS...

LIVERPOOL CIVIL COURT HAS OPENED A TWITTER ACCOUNT: JUST WHEN WE NEED A LITTLE HELP FROM OUR FRIENDS…

Liverpool Civil Court has opened its own Twitter Account. @court_civil    THE ACCOUNT The account opened today has the byline “Judges and staff at Liverpool civil courts engaging with court users, at times of Covid 19 and hopefully beyond” THE…

NOTICE FROM THE DCJ IN MANCHESTER: ALL FACE TO FACE HEARINGS UP TO THE 31ST MARCH ARE ADJOURNED

NOTICE FROM THE DCJ IN MANCHESTER: ALL FACE TO FACE HEARINGS UP TO THE 31ST MARCH ARE ADJOURNED

The DCJ in Manchester has issued the following notice.   “NOTICE TO COURT USERS All face-to-face hearings due to take place today and up to and including Tuesday 31 March 2020 are hereby adjourned. Further directions will be issued in…

TERMINATING A CFA WITH GOOD REASON: SOLICITORS ARE ENTITLED TO THEIR COSTS FROM THE CLIENT: DECISION UPHELD BY THE COURT OF APPEAL

TERMINATING A CFA WITH GOOD REASON: SOLICITORS ARE ENTITLED TO THEIR COSTS FROM THE CLIENT: DECISION UPHELD BY THE COURT OF APPEAL

In Butler v Bankside Commercial Ltd [2020] EWCA Civ 203  the Court of Appeal upheld Turner J’s decision that the wording of a conditional fee agreement  on offers of settlement applies just as much to advice given by the lawyer…

CIVIL PROCEDURE AND COSTS: BLOG AND ARTICLES ROUND UP - FEBRUARY 2020

CIVIL PROCEDURE AND COSTS: BLOG AND ARTICLES ROUND UP – FEBRUARY 2020

Links and articles to blog posts and articles available online in February 2020 Costs Herbert Smith Freehills Court of Appeal decision highlights indemnity costs risk where claimant pursues speculative claims and unreasonably refuses Part 36 offer Law Society Gazette PI lawyers alive…

UPDATED EDITION OF THE "DENTON RESOURCE": THE CRUCIAL CASES

UPDATED EDITION OF THE “DENTON RESOURCE”: THE CRUCIAL CASES

For a number of years the Sanctions Case Watch section of this blog has contained a link to the highly useful “Denton Resource”.  A new edition has been published by Rachel Segal of St John’s Chambers and is available  here….

QOCS CONTINUE TO APPLY IN THE COURT OF APPEAL: DECISION TODAY: CLAIMANT STILL HAS THE SHIELD OF QOCS PROTECTION

QOCS CONTINUE TO APPLY IN THE COURT OF APPEAL: DECISION TODAY: CLAIMANT STILL HAS THE SHIELD OF QOCS PROTECTION

I am grateful to barrister Sarah Robson for sending me a copy of the Court of Appeal judgment today in Wickes -v- Blair (No 2) Costs [2020] EWCA Civ 17.  The Court of Appeal held that QOCS protection continues to…

CIVIL PROCEDURE BACK TO BASICS 71: TIME FOR SERVING THE PARTICULARS OF CLAIM: SERVE WITHIN THE FOUR MONTH PERIOD

CIVIL PROCEDURE BACK TO BASICS 71: TIME FOR SERVING THE PARTICULARS OF CLAIM: SERVE WITHIN THE FOUR MONTH PERIOD

In Maggistro-Contenta & Anor v O’Shea & Anor [2019] EWHC 3035 (Ch)  Chief Master Marsh stated. “The requirement in CPR 7.4(2) that particulars of claim must be served no later than the latest time for service of the claim form has been…