USELESS BUNDLES; LENGTHY SKELETONS AND JUDICIAL IRE: THE COURT OF APPEAL RUES INABILITY TO IMPOSE "OLD FASHIONED" SANCTIONS
This is not the first time CLB has commented on judicial complaints about over-long skeletons and poorly thought out bundles. These points are made again by the Court of Appeal in Caldero Trading -v- Leibson [2014] EWCA Civ 935. The…
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…
SKELETON ARGUMENTS: IF YOU DON'T DO THEM PROPERLY YOU WON'T GET PAID!
The judicial review/planning law case of Secretary of State for Local Government -v- Hopkins Development Ltd [2014] EWCA Civ 470 contains some interesting observations of general interest to civil litigators. THE SKELETON ARGUMENTS Jackson L.J. prefaced his judgment with observations…
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…
AN ASSESSMENT OF COSTS BITES THE DUST: COURT RESOURCES, PROPORTIONALITY AND COURT PATIENCE IN THE ASSESSMENT PROCESS.
The decision of Mr Justice Teare in Mount Eden Land Ltd –v- Speechly Bircham [2014] EWHC 169 (QB) is a case of the courts ending a detailed and lengthy costs assessment because of the behaviour of the claimant. It has wider…
DEFECTIVE WRITTEN SUBMISSIONS: ANOTHER VIEW FROM THE BENCH (USA STYLE)
I have written before about written advocacy and given examples of robust approaches from American judges. There is a site devoted to good legal writing. It gives an example of a judge who pulls no punches. A SECRET PACT TO…
PLEADINGS: ARE THEY STILL IMPORTANT? THREE RECENT CASES REVIEWED
There has yet to be a definitive review of the principles relating to pleadings under the Civil Procedure Rules. Here we look at some recent cases where the Court of Appeal has considered the importance of pleadings. Skrzynski –v- Metropolitan…
THE IMPORTANCE OF TRIAL BUNDLES AGAIN: READ LEGAL ORANGE
The earlier post on trial bundles received several comments. It is clearly a matter of interest, and some controversy. Legal Orange has written a post on Trial Bundles from the point of view of a litigator. LEGAL ORANGE The post…
MORE ON LEGAL WRITING: STRAIGHT FROM THE BENCH
The earlier post on written advocacy has led me to a blog written by an American Judge. The blog “Hercules and the Empire” is written by Federal Judge Richard Kopf and has proven to be popular in America (425,000 page…
You must be logged in to post a comment.