In Sir Cliff Richard OBE -v- The BBC & Chief Constable of South Yorkshire Police [2017] EWHC 1666(Ch) Chief Master Marsh declined an invitation to make any observations about incurred costs. The case: Has an interesting (and important) discussion of…
The third reason litigators should read the judgment of HHJ Paul Matthews (sitting as a High Court Judge) in Jones -v- Oven [2017] EWHC 1647 (Ch) is the brief discussion in relation to the service of witness evidence outside deadline allowed by…
I said in the previous post that there are several reasons litigators should read the judgment of HHJ Paul Matthews (sitting as a High Court Judge) in Jones -v- Oven [2017] EWHC 1647 (Ch). One of those reasons is that it contains…
There are several reasons litigators should read the judgment of HHJ Paul Matthews (sitting as a High Court Judge) in Jones -v- Oven [2017] EWHC 1647 (Ch). However this is another case where a claim for damages failed because the…
In Glaxo Wellcome Uk Limited -v- Sandoz Limited [2017] EWHC 1524 (Ch) Chief Master Marsh refused the defendants’ application to rely on three expert witnesses. The judgment contains interesting observations on the nature of the information that needs to be…
This week sees the fourth anniversary of this blog. I am going to repeat most of what I said in the post on the first anniversary. CIVIL PROCEDURE IN JUNE 2013 When the blog started civil procedure was a slightly…
In Miley -v- Friends Life Limited [2017] EWHC 1583 (QB) Mr Justice Turner made some important applications in relation to applications that a judge recuse themselves. THE CASE The action concerned the question of whether the defendant should continue…
In Alsaifi -v- Amunwa [2017] EWHC 1443 QB Mr Justice Warby reminded parties of the need for bundles and documents to be relevant and proportional. “I make these points to emphasise the importance of parties to litigation of this kind…
In Blue -v- Ashley & The Times Newspapers Limited [2017] EWHC 1553 (Comm) Mr Justice Leggatt considered whether a witness statement should be disclosed to the public when it had been referred to at a pre-trial hearing. The application was…
In Schweppe -v- Closier [2017] EWHC 1486 (TCC) Mr Justice Coulson struck out an action on the grounds it was statute barred and represented an abuse of process. The judgment is worth reading because it reviews the principles relating to…
NB on 1st March 2018 Litigation Futures reported that the Supreme Court had refused permission to appeal in this case. The Court noted ““This is an important point of principle which would be better considered by the Civil Procedure Rule…
In the judgment today in Diamond -v- Royal Devon & Exeter NHS Foundation Trust [2017] EWHC 1495 (QB) His Honour Judge Freedman (sitting as a High Court Judge) found that a totally honest witness was not correct in her assessment…
The Court of Appeal decision Harrison -v- University Hospitals Coventry & Warwickshire Hospital NHS Trust [2017] EWCA Civ 792 is a significant one. To help consider its practical significance here are links to the commentary on the case. (I…
In Darini -v- Markerstudy Group (24th April 2017) His Honour Judge Dight considered an important issue in relation to set off and costs. A copy of the judgment is available here. HMC25855_DariniOlsoyvMarkerstudy_ApprovedJudgment_24042017 (2) and has kindly been provided by Gavin Lampert…
I recommend that all litigators read Wigapedia’s “Jargon Buster Litigation Edition” in Legal Cheek. As ever Wigapedia is cruel but fair in his definitions – “Brief – a document which very rarely is”. With Wigapedia’s permission I am taking up…
In Interactive Technology Corporation Limited -v- Ferster [2017] EWGC 1510 (Ch) Mr Justice Morgan held that the existence of Part 36 offers by the defendants meant that the issue of costs after a preliminary hearing had to be reserved to…
In Astex Therapeutics Limited -v- Astranzenca AB [2017] EWHC 1442 (Ch) Mr Justice Arnold considered lengthy and complex issues in relation to compounds. However even in a case of such complexity the evidence of the experts should have been more…
In Astex Therapeutics Limited -v- Astranzenca AB [2017] EWHC 1442 (Ch) Mr Justice Arnold considered, and robustly dismissed, an argument that the court should draw adverse inferences from absent witnesses. “I find it extraordinary that it can be suggested that…
How definitive is a costs budget when it comes to detailed assessment? That is an issue that has been troubling the courts now for a few years. The judgment of the Court of Appeal today in Harrison -v- University Hospitals…
SUMMARY JUDGMENT FOR THE DEFENDANT IN A FATAL ACCIDENT CASE: DODD -V- RAEBARN IN THE COURT OF APPEAL
I am grateful to my colleague Colm Nugent for supplying me with a copy of the judgment in Dodd -v- Raeburn [2017] EWCA Civ 439 *given today the Court of Appeal upheld an order giving summary judgment in a fatal…
In NRC Holding Limited -v- Danilitskiy [2017] EWHC 1431 (Ch) Robin Dicker QC, sitting as a High Court judge, considered the inferences that should be drawn when a key individual did not give evidence. THE CASE The claimant had a…
In Morris -v- Hatch [2017] EWHC 1448 (Ch) HHJ Paul Matthews (sitting as a judge of the High Court) refused to set aside a witness summons issued against a solicitor. “… it is the civic duty of each of us,…
In Gladwin -v- Bogescu [2017] EWHC 1287 (QB) Mr Justice Turner overturned an order giving the claimant relief from sanctions following late service of the witness statement. In the third of the series looking at the case more closely we…
In Vilvarajah -v- West London Law Limited [2017] EWHC B23 (Costs) Master Gordon Saker declared a conditional fee agreement unreasonable and set it aside. The history and circumstances of this action make for interesting reading. “There is no correspondence between…
The opening words of Mr Justice Turner’s judgment in Select Car Rentals (North West) Limited -v- Esure Services Limited [2017] EWHC 1434 (QB) contain an undeniable truth. The judge was upholding a decision to award costs against a car hire…
There are a surprising number of cases and appeals in relation to late service of witness evidence. In Byrne -v- Mullan [2017] EWHC 1387 (Ch) the claimant made an application to adduce new witness evidence which was heard on the…
In Gladwin -v- Bogescu [2017] EWHC 1287 (QB) Mr Justice Turner overturned an order giving the claimant relief from sanctions following late service of the witness statement. In the second of the series looking at the case more closely we…
It was only after an email exchange today that I realised some people do not realise that there are often links on this site to the cases that are being discussed. LINKS AND HOW TO FIND THEM When a…
In Shaw -v- Medtronic [2017] EWHC 1397 (QB) Mr Justice Lavender considered issues relating to the setting aside of notices of discontinuance and disapplying QOCS. He declined to set aside a notice of discontinuance or give permission to enforce costs…
In Gladwin -v- Bogescu [2017] EWHC 1287 (QB) Mr Justice Turner overturned an order giving the claimant relief from sanctions following late service of the witness statement. In a series looking at the case more closely we look at what…
One thing that the the Denton decision did, without doubt*, was to put an end to the “mandatory” requirement for a “good reason” to explain a breach when applying for relief from sanctions. However it is always incumbent upon…
In ICAP Management Services Limited -v- Berry [2017] EWHC 1321 (QB) Mr Justice Garnham added his voice to those judges who have protested about the length of skeleton arguments and written submissions and the burden of unnecessary documents. “It is…
In Gladwin -v- Bogescu [2017] EWHC 1287 (QB) Mr Justice Turner uses the English language to its full effect when ruling that a claimant who served a witness statement late should not have been granted relief from sanctions. The case…
I have no intention of taking this blog into areas of taxation and customs and excise. However the judgment of the First-tier Tribunal (Tax) in E -v- The Commissioners for Her Majesty’s Revenue & Customs [2017] UKFTT 348 (TCC) contains…
In Lexlaw Ltd -v- Zuberi [2017] EWHC 1350 (Ch) Master Clark considered challenges to the validity of a damages based agreement between solicitor and client. It was decided that the question of the enforceability of the agreement should be tried…
The judgment in Redbourn Group Ltd -v- Fairgate Development Limited [2017] EWHC 1223 (TCC) highlights the fact that there is a new age for a party seeking to set judgment aside. Not only does the party have to satisfy the requirements of…
In The Queen on the application of Bhandal -v- HM Revenue and Customs [2016] EWHC 3387 (Admin) Mr Justice Holroyde dismissed an application deferment of an order to pay costs and an application for relief from sanctions in making the…
In Croke -v-Secretary of State for Communities and Local Government [2017] EWCA Civ 423 Lord Justice Hickinbottom found that it is arguable that that a litigant in person had complied with the strict six week time limit for appeals because…
In Blake -v- Croasdale [2017] EWHC 1336 (QB) His Honour Judge Purle QC (sitting as a Judge of the High Court) decided that an admission made by insurers was a binding admission. However he granted permission to resile from that…
There are three volumes in Kerry Underwood’s guide to “Kerry on Personal Injury Small Claims Portals and Fixed costs”. Each has Kerry’s photo on the front. Should that put you off? As ever I have a “quick” review and a…
The transcript of the judgment in the Wiseman -v- Marston case is now available. I have included it as an attachment to the previous posts on the case. The links are also available here. THE JUDGMENT AND COURT OF APPEAL…
When should a party agree an extension of time? In Emmanuel -v- The Commissioners for Her Majesty’s Revenue and Customs [2017] EWHC 1253 (Ch) Her Honour Judge Karen Walden Smith made some telling observations . “… in my judgment the…
Litigation is not always about lies or liars. Often it is about misunderstandings, mistaken recollection and people convincing themselves that they are correct. However in litigation, as in life, people do tell lies. Litigators need to know about lies, and…
The Law Society put forward a budget of £637,000* to defend the action in Socrates Training Limited -v- The Law Society of England and Wales [2017] CAT 10. The Law Society, however suffered from a basic failure to prove one…
I attended the session on court fees. One part of this related to the increasing importance of court fee remissions. Claimants have to know the rules and, before they pay any fee, be certain that their client is eligible. Sometimes…
I wrote about the judgment in Stewart & Chergui -v- The Commissioner of Police for the Metropolis [2017] EWHC 921 (QB), yesterday. There is no harm in repeating one element of that post in this series. I am repeating it because…
In December last year I reported on the decision in Wiseman -v- Marston’s PLC (Sheffield County Court 21st December 2016). His Honour Judge Robinson allowed the claimant’s appeal in a case relating to payment of court fees. The defendant applied for…
It is uncertain how much a three week jury trial in the High Court will cost. It is certain that it costs a great deal more than the awards of £5,400 and £5,700 Mrs Justice McGowan awarded to the claimants…
In Redbourn Group Ltd -v- Fairgate Development Limited [2017] EWHC 1223 (TCC) Mr Justice Coulson refused to set aside a default judgment. The case contains some important discussion on how the Denton principles apply to applications to set aside judgment. “……
In Capita PLC -v- Darch [2017] EWHC 1248 (Ch) Richard Spearman QC highlighted some of the procedural issues that can arise when applications are served late and with insufficient time estimates. A failure to serve promptly did not, ultimately,…
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