WITNESS EVIDENCE: CREDIBILITY;FACEBOOK;TWITTER AND THE CLAIMS GO UP IN SMOKE…
This blog has looked at issues relating to witness credibility many times. It is one of the most under-examined aspects of the civil litigation process. The decision of Mr Justice Jay in Susan Saunderson & Others -v- Sonae Industria (UK)…
SETTING OFF INTEREST AGAINST AN INTERIM PAYMENT: A HIGH COURT DECISION
The judgment of Mrs Justice Cox in Manna -v- Central Manchester University Hospitals NHS Foundation Trust [2015] EWHC 2279 (QB) is a veritable goldmine for anyone who writes about civil procedure or personal injury damages. One of the, many, issues…
THE CHIPS ARE DOWN FOR EXPERT WHO FAILED TO DECLARE AN INTEREST
In The Ritz Hotel Casino Ltd -v- Al Geabury [2015] EWHC 2294(QB) Mrs Justice Simler DBE was critical of an expert who failed to declare an interest in a case. The expert had become a treating doctor. “It was no…
THAT "PARTIAL" ADMISSION: IT IS STILL BINDING AND YOU MAY NOT BE ALLOWED TO RESILE FROM IT
The judgment of Mr Justice William Davis in Cavell -v- Transport for London [2015] EWCA 2283 (QB) has some important observations in relation to admissions and attempts to resile from admissions. “It cannot be in those interests to permit the…
COSTS AND CONDUCT 3: THE COURT OF APPEAL AND ISSUE BASED COSTS ORDERS
This is the third case today about the issue of costs and the conduct of proceedings. It is the most complex, Smith & Nephew plc -v- ConvaTec Technologies Inc [2015] EWCA Civ 803. THE CASE The Court of Appeal allowed…
COMMITTAL PROCEEDINGS AGAINST "EXPERT WITNESSES" ARE NOT AN ABUSE OF PROCESS
The decision of the Divisional Court in Accident Exchange Ltd -v- Nathan John George-Broom & Ors [2015] EWHC 2205 (Admin) is certainly a development in the practice relating to dismissal. THE CASE The claimants applied to commit a number of…
COSTS AND CONDUCT 2: LOSER PAYS ALL APPLIES: MOORE IS NOT LESS
In The London Borough of Tower Hamlets -v- The London Borough of Bromley [2015] EWHC 2271 (Ch) Mr Justice Norris refused an application for an issue based order and made an order for costs under the general rule that the…
COSTS & CONDUCT 1: MULTIPLE PARTIES, "BULLOCK" AND "SANDERSON" ORDERS AND INDEMNITY COSTS TO THE DEFENDANTS
There are several cases today where the courts have considered the issue of where costs should fall and how judicial discretion should be exercised. The first we consider is Asghar -v- Ahmad [2015] EWHC 2234 (QB) a decision of Mr…
OUCH! THINKING OF DRAFTING A COSTS BUDGET? BEST READ THIS FIRST
The judgment of Mr Justice Stuart-Smith in GSK Project Management Ltd -v- QPR Holdings Ltd [2015] EWHC 2274 (TCC) is one that needs to read by anyone involved in preparing a costs budget. To say the judge was critical of…
THE PRIMACY OF ORAL TESTIMONY: ABSENT WITNESSES ORDERED TO ATTEND AND LATE AMENDMENTS REFUSED: ALL IN ONE CASE
There is an interesting report of two separate decisions of Mr Justice Peter Smith in Harb -v- HRH Price Abdul Aziz Bin Fahd Bin Abdul Aziz [2015] EWHC 2195 (Ch). This relates to two decisions made on the first day…
A JUDGE CAN SUMMARILY ASSESS COSTS WHEN ORDER FOR COSTS WAS MADE BY A DIFFERENT JUDGE: THE RULES TRANSFORMED OR NEEDS BE AS NEEDS MUST?
In Transformers and Rectifiers Ltd -v- Needs Ltd [2015] EWHC 1687(TCC) Mr Justice Coulson considered the question of whether a judge can summarily assess costs when the costs order in question was made by a different judge. KEY POINTS There…
COSTS BUDGETS IN FACEBOOK DEFAMATION CLAIM: AN IMPORTANT EXAMPLE IN PRACTICE
In Stocker -v- Stocker [2015] EWHC 1634 (QB) Mr Justice Warby considered the costs budgets of both sides in a defamation case. It provides a useful, and important, example of the practical implementation of cost budgeting in practice. “It would…
PERSONAL INJURY LAWYERS AND THE AGEING POPULATION: WHY YOU SHOULD BE THERE ON THE 24th JUNE
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MORE COMMENTS FROM THE COURT OF APPEAL ON BUNDLES: THIS TIME IN THE COURT OF PROTECTION
In the matter of MN (Adult) [2015] EWCA Civ 411 the Court of appeal had some words to say about delay and procedure in the Court of Protection. Here, however, we concentrate upon the one matter that attracts more readers…
AMENDING PLEADINGS LATE 2: ANOTHER MATTER OF INTEREST? (AND ANOTHER LATE WITNESS STATEMENT)
An earlier post looked at an application where a bank successfully opposed an application to amend pleadings. In Monks -v- National Westminster Bank [2015] EWHC 1172 (Ch) the defendant bank made a late application to amend its defence. This was…
THIRD EDITION OF APIL GUIDE TO FATAL ACCIDENTS AVAILABLE TO ORDER
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FUNDING, COSTS AND FATAL ACCIDENT CLAIMS: SOME PARTICULAR POINTS TO WATCH
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THE COURT OF APPEAL CAN RE-OPEN A DECISION TO REFUSE PERMISSION TO APPEAL WHEN IT IS ALLEGED THE JUDGMENT WAS OBTAINED BY FRAUD
In Bishop -v- Chhokar [2015] EWCA Civ 24 the Court of Appeal decided that it had jurisdiction to re-open an order refusing permission to appeal when it was alleged that a judgment was obtained by fraud. THE CASE The respondent…
THE NEW PART 36: PART 10: PULLING IT ALL TOGETHER: 18 KEY POINTS
This post provides a summary of the changes to Part 36 and then considers the practical implications of the new rules, including the implications for on-going litigation. There are links to the relevant posts on the issue and a summary…
THE NEW PART 36: PART 7: THE RTA AND EL/PL PROTOCOL: THE NEW SECTION II OF PART 36
This post looks at the new Part 36 rules in relation to the RTA and EL/PL Protocol. The new rules appear to be only slightly different different to the old. These rules come into force on the 6th April 2015…
PURSUING POINTLESS COMMITTAL PROCEEDINGS COULD BE COSTLY: FOR THE APPLICANT
In Public Joint Stock Company Vseukrainskyi Aktsionernyi Bank -v- Maskimov [2014] EWHC 4370 (Comm) Mr Justice Hamblen made it clear that essentially useless litigation will lead to costs against a claimant. The judge awarded costs against the claimant bank in…
THE MITCHELL JUDGMENT 3: WHY MR MITCHELL WASN'T TELLING LIES AND P.C. ROWLAND WAS TELLING THE TRUTH
This blog has looked at the fact finding process in the Mitchell judgment several times already. Here I want to look at the issue of the “truth”. This is an issue that has wider implications for those involved in the…
SANCTIONS & HOW TO AVOID THEM: TALK AT HARDWICKE CHAMBERS 3rd DECEMBER 2014 5.30pm: RAISING FUNDS FOR CRISIS AT CHRISTMAS
Along with Sarah Venn of Hardwicke Chambers I am talking on “Sanctions and How to Avoid Them” on the 3rd December 2014 at 5.30 pm at Hardwicke Chambers, Lincoln’s Inn, London. The talk is raising money for Crisis at Christmas…
THE GOOGLE CASE & CIVIL PROCEDURE: BYTE SIZE VERSION
The judgment is Hegglin -v- Persons Unknown & Google [2014] EWHC 3793 is looked in at detail in an earlier post. Many of the issues in that case are of considerable practical significance. It is worth distilling them. PART 18…
INSURER GOING BEHIND CLAIMANT'S SOLICITORS BACK TO SETTLE CLAIMS: APPEAL PENDING; INFORMATION NEEDED
Attached to this post is the judgment in Gavin Edmondson Solicitors Ltd -v- Haven Insurance [2014] EWHC 3062 QB . That judgment is being appealed, permission to appeal having been granted. Gavin Edmondson are asking for more information in relation…
COSTS CAPPING IN THE COURT OF APPEAL: ANOTHER EXAMPLE OF COSTS CAPPING BEING REFUSED
We have looked before at issues relating to costs capping in the Court of Appeal. I am grateful to Claire Darwin of Matrix Chambers for bringing my attention to the case of Black -v- Arriva North East Ltd [2014] EWCA…
ANATOMY OF A POST-DENTON RELIEF FROM SANCTIONS APPLICATION: ALL THE LINKS IN ONCE PLACE
There are four articles on relief from sanctions Post-Denton. 1. Death of the word “trivial”. 2. The reason may not be good enough but this does not prevent relief from sanctions being granted. 3. The “Third Stage”: Everything is in…
SANCTIONS JUDGMENT 3: THE INDIVIDUAL CASES: DENTON – DON'T MILK SANCTIONS ARGUMENTS?
The previous posts looked at the general principles the Court of Appeal considered. Here we look at the practical results in the three cases. DENTON: Denton was a case about an allegedly defective milking parlour. The trial was set to…
SANCTIONS JUDGMENTS 2: THE THIRD STAGE AND CRACKING DOWN ON "OPPORTUNISM"
The Court of Appeal went on to state that a major misunderstanding had occurred in relation to sanctions applications. There was a third stage which the Court explained at length. THE THIRD STAGE “31. The important misunderstanding that has occurred…
COURT OF APPEAL HEARING ON RELIEF FROM SANCTIONS: ALL THE LINKS IN ONE PLACE
I have posted details of all the hearings on sanctions over the Monday and Tuesday this week. Here are the links in one place. Submissions in Denton -v- White Submissions in Decadent Vapours Submissions in Utilise -v- Davis The Bar…
LEEDS LAW SOCIETY MEET THE JUDGES EVENT: JACKSON ONE YEAR (AND A FEW MONTHS) ON
Yesterday evening Leeds Law Society held a “meet the judges” evening when practitioners met local judges and court staff to discuss issues arising out of the implementation of the Jackson reforms. Some of the issues were specific to Leeds but most…
COSTS DRAFTSMAN SIGNING COSTS BUDGET DOES NOT RENDER IT A NULLITY: HIGH COURT DECISION TODAY CONSIDERED
There may be no end to the Mitchell points being taken. In a case earlier today, Americhem Europe Ltd -v- Rakem Ltd [2014] EWHC 1881 (TCC) e Mr Justice Stuart-Smith considered an argument that the costs budget signed by a…
DON’T BANK ON BEING ABLE TO ADDUCE EXPERT EVIDENCE THREE WEEKS BEFORE TRIAL
The case of Warners Retail Ltd -v- National Westminster Bank (Rose J 09/06/2014) is briefly reported on Lawtel this morning. It concerns the applicability of the Mitchell principles and the overriding objective to a very late application to adduce expert…
THE SUMMARY ASSESSMENT OF COSTS: USEFUL LINKS
The previous post reported on how summary assessment was conducted in a High Court case. This led me to look at the guidance that is available in relation to preparing a bill for summary assessment and also for hearing of…
REMINDER: NEW RULES COME INTO FORCE TOMORROW (5th JUNE 2014): USEFUL LINKS
A timely (I hope) reminder that the new rules come into force tomorrow that allow parties to agree extensions of time. USEFUL LINKS The rules themselves A brief summary on this blog The five danger areas in agreeing extensions of…
GREAT EDSTONE FESTIVAL: RAISING MONEY FOR MS SOCIETY
Zenith Personal Injury group is sponsoring Great Edstone Festival. A family music festival in North Yorkshire which raises money for the MS Society. THE FESTIVAL The festival is on the 5th July 2014 at Great Edstone in North Yorkshire. It…
MEETING UP WITH KERRY UNDERWOOD IN THE CITY OF STEEL: 6th JUNE 2014
I am giving a talk as part of Kerry Underwood’s “Underwood on Jackson on Tour” in Sheffield on the 6th June 2014. The booking details are available from Underwood’s website. Kerry and I agree on a lot of things, but…
SERVICE AT THE "LAST KNOWN ADDRESS": A CASE ILLUSTRATING THE DANGERS OF NOT COMPLYING WITH THE RULES FOR SERVICE
An earlier piece dealt with the dangers of serving the claim form at the “last known address”. A report on Lawtel today demonstrates the dangers. This was a decision of Hamblen J in Norcross -v- Constantine (2014 – 16/5/2014).This is…
SKELETON ARGUMENTS: MORE EXAMPLES ON LINE: YOU CAN HAVE COTTON IF YOU CAN'T HAVE SILK
I have posted recently about judicial exasperation about the length of skeleton arguments, with the costs of the skeletons being disallowed in full. One difficulty that many students and junior practitioners face is that there are few skeleton arguments that…
THE CONSEQUENCES OF CHARTWELL 4: APPEAL AT YOUR OWN RISK
This is the fourth in the series that discusses the consequences of Chartwell. The first discussed the importance of serving witness statements; the second the effect on the criteria for relief from sanctions; the third looked at the litigator’s dilemma….
THE CONSEQUENCES OF CHARTWELL 2: OBTAINING RELIEF FROM SANCTIONS IS DIFFICULT BUT NOT IMPOSSIBLE
The Court of Appeal decision in Chartwell –v- Fergies Properties has already been considered in detail. An earlier article dealt with the importance of serving witness statements on time. Here we consider the implications for the principles relating to granting…
THE CONSEQUENCES OF CHARTWELL 1: JUST DON'T EVER SERVE WITNESS STATEMENTS LATE
It is highly dangerous for litigators to view the decision of the Court of Appeal in Chartwell -v- Fergies as any kind of step away from the Mitchell principles. The case has already been outlined in detail in an earlier post….
SIR JACK JACOB QC AND THE FABRIC OF ENGLISH CIVIL JUSTICE: LESSONS FOR TODAY?
With the speed in which modern litigation is conducted it is often difficult to pause and reflect, let alone look back to assess whether experts from the past can assist. For some time I have been looking for a copy…
THE APPROPRIATE CRITERIA FOR REINSTATEMENT WHEN AN ACTION IS STRUCK OUT OF COURT'S OWN MOTION: HALEY -v- SIDDIQUE CONSIDERED
In Haley -v- Siddique [2014] EWHC 835 (Ch) Judge Hodge Q.C., sitting as a judge of the High Court, considered issues arising from a striking out order made of the court’s own motion. His judgment states that the case provides…
HOW TO GET SUED, MAKE A LOSS AND BE MISERABLE: ON STEROIDS: SPECIAL POST JACKSON/MITCHELL EDITION!
How to Get Sued, Make a Loss and Be Miserable was a surprisingly popular talk I gave several years ago. I have now updated it to deal with developments post Jackson & Mitchell. Unsurprisingly it now has much more…
INCREASE IN COURT FEES: HELPFUL LINKS AND DETAILS OF THE NEW FEES
Court fees are due to increase. Here are links to the relevant posts and articles that may assist in assessing the impact of the increases. LINKS The written Ministerial Statement The official Government press release The Law Society Gazette article…
WEBINARS ON WITNESS STATEMENTS AFTER JACKSON & 10 LIMITATION MYTHS THAT EVERY PI PRACTITIONER SHOULD KNOW
I have filmed two webinars for CLC which are available on demand and cover two important issues – witness statements and limitation. WITNESS STATEMENTS AFTER JACKSON Deals with both procedure, layout and content in the drafting of witness statements. Further…
ARGUMENT ABOUT TIME FOR SERVING COSTS BUDGET "MANIFEST NONSENSE": RATTAN -V- UBS CONSIDERED IN FULL
Highly technical points are now being taken as a matter of course. Some succeed. Some come to grief. This is what happened to the point in relation to service of the Precedent H costs budget in Rattan -v- UBS [2014] EWHC 665…
RESPONSES TO CIVIL JUSTICE COUNCIL ON JACKSON REFORMS: USEFUL LINKS
I am putting together a list linking all publicly available links to those people who responded to the Civil Justice Council request for responses on the Jackson Reforms. I am looking for more links and will add these as they…
TRIAL BUNDLES: ANOTHER VIEW FROM THE BENCH: WILL SEDLEY'S LAW BECOME BEHRENS' LAW?
There have been several posts about the proper preparation and collation of trial bundles. An interesting comment from HHJ Behrens in the case of Burnard -v- Burnard [2014] EWHC 340 (Ch) indicates that, bundles remain far from perfect. BURNARD Judgment…
