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
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
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?
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
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
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”
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…
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 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
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
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 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
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
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
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
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….
FIRST CLAIM FORM CASE OF THE YEAR: SERVICE WITHOUT A SEAL IS NOT GOOD SERVICE BUT CPR 3.10 SAVED THE CLAIMANT
It took until the 31st January for the first claim form of the case of the year to come up (a bit later than normal, still there’s 11 months left). This time it was good news for the claimant. In…
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
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…
SERVICE OF THE PARTICULARS OF CLAIM AND THE “TRAP FOR THE UNWARY CLAIMANT”: THE TRAP OPERATED AND RELIEF FROM SANCTIONS NOT GRANTED
The judgment of Chief Master Marsh today in Maggistro-Contenta & Anor v O’Shea & Anor [2019] EWHC 3035 (Ch) is a prime example of difficulties being caused because of a mistake in relation to the rules relating to service. It…