TALES FROM THE LEGAL ACTION GROUP HOUSING LAW CONFERENCE (1): BUNDLES (OF COURSE): WHERE DO EXHIBITS TO WITNESS STATEMENTS GO IN THE TRIAL BUNDLE?

TALES FROM THE LEGAL ACTION GROUP HOUSING LAW CONFERENCE (1): BUNDLES (OF COURSE): WHERE DO EXHIBITS TO WITNESS STATEMENTS GO IN THE TRIAL BUNDLE?

I spent last Friday slightly outside my comfort zone lecturing at the Legal Action Group Housing Law Conference, some aspects of which will feature in future blog posts.  Needless to say all the housing lawyers were lovely and I went…

SKELETON ARGUMENTS TOO LONG: YOU CAN'T RELY ON THEM: DO THEM AGAIN, AND YOU WON'T GET PAID FOR THEM

SKELETON ARGUMENTS TOO LONG: YOU CAN’T RELY ON THEM: DO THEM AGAIN, AND YOU WON’T GET PAID FOR THEM

There is a short procedural note in the judgment of Mrs Justice Cockerill in Al-Aggad v Al-Aggad & Ors [2024] EWHC 673 (Comm) in relation to skeleton arguments.  Both sides had exceeded the maximum length of time for skeleton arguments….

APPEAL AGAINST COSTS BUDGETING DECISION ALLOWED: JUDGE SHOULD HAVE CONSIDERED THE RELEVANCE OF THE OPPONENT'S BUDGET (EVEN IF THAT BUDGET WAS AGREED)

APPEAL AGAINST COSTS BUDGETING DECISION ALLOWED: JUDGE SHOULD HAVE CONSIDERED THE RELEVANCE OF THE OPPONENT’S BUDGET (EVEN IF THAT BUDGET WAS AGREED)

In Woolley v Ministry of Justice [2024] EWHC 304 (KB) Mr Justice Kerr allowed an appeal against a costs budget and remitted it to another judge for reconsideration.  The case shows the importance of a judge allowing a party to…

A "BEGUILING APPARENT COST SAVING SHORT CUT" TURNED OUT TO BE A MISTAKE: PLEADINGS MAY WELL BE NECESSARY WHEN AN ACTION IS TRANSFERRED FROM PART 8 TO PART 7

A “BEGUILING APPARENT COST SAVING SHORT CUT” TURNED OUT TO BE A MISTAKE: PLEADINGS MAY WELL BE NECESSARY WHEN AN ACTION IS TRANSFERRED FROM PART 8 TO PART 7

There is a short passage in the judgment of HH Judge Davis-White KC in Chapman & Anor v Celtic Property Developments Ltd (Re Celtic Property Developments Ltd and Companies Act 2006) [2024] EW Misc 6 (CC) which reflects an issue…

SECOND CLAIM FORM CASE OF THE YEAR:  SERVICE ABROAD, ANTARCTICA AND CPR PART 11

SECOND CLAIM FORM CASE OF THE YEAR: SERVICE ABROAD, ANTARCTICA AND CPR PART 11

The judgment of Master Thornett in  Lunn v Antarctic Logistics Centre International (Pty) Ltd [2023] EWHC 2856 (KB) relates to a defendant disputing  jurisdiction.  It was held that it was open to the defendant to dispute jurisdiction.  That application has…

CLAIMANTS' SOLICITORS WERE ON NOTICE THAT AN EXPERT'S REPORTS COULD NOT BE RELIED UPON: THE ISSUE OF PROCEEDINGS WAS AN ABUSE OF PROCESS

CLAIMANTS’ SOLICITORS WERE ON NOTICE THAT AN EXPERT’S REPORTS COULD NOT BE RELIED UPON: THE ISSUE OF PROCEEDINGS WAS AN ABUSE OF PROCESS

We are returning to the judgment of District Judge Dawson in Jagger (& others) -v- Axa Insurance PLC, has enough material to keep this blog going for a month. (The judgment is available on a link from the Law Society Gazette here). …

UNREALISTIC TIME ESTIMATES; FAILURE TO CHALLENGE AUTHENTICITY OF DOCUMENTS; INCORRECT USE OF TRANSLATED WITNESS STATEMENTS: ALL ADDS UP TO AN EXPENSIVE ADJOURNMENT

UNREALISTIC TIME ESTIMATES; FAILURE TO CHALLENGE AUTHENTICITY OF DOCUMENTS; INCORRECT USE OF TRANSLATED WITNESS STATEMENTS: ALL ADDS UP TO AN EXPENSIVE ADJOURNMENT

The short judgment of HHJ Mark Pelling KC in  Hua She Asset Management (Shanghai) Co Ltd v Hung & Anor [2023] EWHC 2445 (Comm) highlights several things which have been the subject of many posts on this blog: (i) a…

THE UNSETTLING TRUTH ABOUT SETTLING PART II: MORE MISSIVES FROM CANADA: "BRING DARTS, DICE AND A OUIJA BOARD"

THE UNSETTLING TRUTH ABOUT SETTLING PART II: MORE MISSIVES FROM CANADA: “BRING DARTS, DICE AND A OUIJA BOARD”

This is the third in our series looking at the articles by the retired Canadian judge, The Honourable Joseph Quinn.  This is the second part of an article where the (retired) judge considers the advantages, and disadvantages, of settling cases…