There may be tactical advantages to making a “time limited” offer, or withdrawing a Part 36 offer after 21 days. However this can backfire badly. We have already looked at the decision in Thakkar -v- Singh [2017] EWCA 117 in…
The decision in Merrix -v- Heart of England NHS Foundation Trust [2017] EWHC 346 (QB) is not being appealed by the defendant. The rationale is, apparently, that the defendant did not want to risk losing the listing of the appeal in Harrison…
The question of when, and whether, interest should be awarded is one of these issues in litigation that receives little coverage. In Pinfold -v- Ansell [2017] EWHC 889 (Ch) HHJ David Cooke decided not to award interest at all. It…
This blog reports regularly on cases where the courts have highlighted the advantages of mediation and the dangers of rejecting an offer to mediate. The latest note of cautious comes from the judgment of Lord Justice Jackson in Thakkar -v-…
I am grateful to Justin Edwards of BLM solicitors for sending me a copy of the decision of Master Whalan in Jago -v-Whitbread a decision of Master Whalan. A copy of that case is attached here ( 2016.10.05 – Approved Judgment)….
There are now several formats for Form H. The “short” one page version is now used in cases where the value is between £25,000 and “less than £50,000”. Some judges are interpreting this strictly to read between £25,000 and £49,999″….
We have had graphic examples recently of cases where committal proceedings in civil, or family, proceedings have gone badly wrong. In LL -v- Lord Chancellor [2017] EWCA Civ 237, the Court of Appeal held that the procedure adopted…
There has already been some interesting debate on Twitter about one aspect of the Supreme Court decision in Times -v- Flood [2017] UKSC 33 that has not made the headlines. Dominic Regan observed that the case is another example…
In Pinisetty -v-Manikonda [2017] EWHC 838 (QB) Mr Justice Langstaff considered an issue relating to an appeal (and cross-appeal) being out of time. Although the judgment on this issue is largely academic (the appeal failed in any event), it contains…
The judgment of Mr Justice Goss in RE -v- Calderdale & Huddersfield Foundation Trust [2017] EWHC 824 (QB) shows some concern about the nature of the evidence adduced by the defendant. Documents had been (inadvertently) destroyed and definitely altered. Witnesses…
In Qunintana -v- Surrey and Sussex Healthcare NHS Trust 28/03/2017 Master Cook upheld the established principle that an action cannot be brought by administrators of an estate before the letters of administration are taken out. Proceedings cannot later be amended…
There may well be a term for the process by which a number of decisions, which appeared sensible at the time they were made, lead to a ridiculous result. This principle may well apply to what happened in Falmouth House…
The Court of Appeal judgment in McBride -v- UK Insurance Ltd [2017] EWCA Civ 144 has been covered widely on the issue of the appropriate rate for car hire charges after an accident. However less widely discussed is the fact that,…
There is some irony in the decision of Mr Justice Fraser in R (RA) -v- The Director of Public Prosecutions [2017] EWHC 714 (Admin). The claimant, a litigant in person, complied with the rules. The defendant, a specialised government department…
There are many reasons why lawyers should read the decision in Thomas -v- Triodos Bank NV [2017] EWHC 314 (QB). There is an interesting consideration of the duty of care a bank owes a customer and the Hedley Byrne principles….
In Shaw -v- Grouby [2017] EWCA Civ 233 the Court of Appeal made some observations about the dangers of a judge getting too inquisitorial in the course of a trial, particularly in the course of cross-examination. “The judge intervened in…
Many of the posts about skeleton arguments on this blog have been about content (usually length), The surprising aspect of R -v- Secretary of State for the Home Department [2017] EWHC 639 (Admin) is that both sides decided not to file…
A disappointed insurer failed in its attempt to overturn findings of a trial judge in Hamid -v- Khalid [2017] EWCA Civ 201. “The task of a trial judge is difficult enough without having to deal expressly with every single piece…
In a case where there are disputed facts a party that has an independent witness usually holds a strong hand. However in Elson -v- Stilgoe [2017] EWCA Civ 193 today the Court of Appeal upheld a decision where the trial…
There is an interesting discussion of the purpose of pleadings and expert evidence in the judgment of HH Parkes QC in PP -v- The Home Office [2017] EWHC 663 (QB). The fact that an expert report is referred to in…
In the judgment today in Harrath -v- Stand for Peace Ltd [2017] EWHC 653 (QB) Sir David Eady awarded £140,000 in a case where the claim form limited the claim to £10,000. This is an interesting development in an environment where…
There was a post earlier this week where a public official faced contempt of court proceedings that was “false and tended to mislead”, and was acquitted because the statement was “careless” rather than criminal. This provides a good opportunity to…
I am grateful to John McQuater for sending me a copy of an order from HH Judge Robinson, It relates to an application on account of costs. The appeal was (for obvious reasons) compromised. However the robust terms of the…
The case of Monroe -v- Hopkins [2017] EWHC 645 (QB) is the second judgment on the case. The judgment today related solely to the defendant’s application for permission to appeal. The judge ruled that he did not have jurisdiction to…
There are many cases that show a surprisingly insouciant approach to accuracy by those who draft, and those who sign, witness statements. This insouciance is even more surprising when the person who has signed the statement is a public official,…
In Ovm Petrom SA -v- Glencore International SA [2017] EWCA Civ 195 the Court of Appeal overturned a decision not to award 10% interest on damages in a case where a defendant failed to beat a claimant’s Part 36 offer….
It is possible to see some of the search terms that lead people to this blog (I should stress that there are no details of who made the search). One of the search terms yesterday was “solicitor forcing me to…
In Lisle-Mainwaring -v- Associated Newspapers Ltd [2017] EWHC 543 (QB) Judge Parkes QC (sitting as a Deputy Judge of the High Court) declined to award the claimant special damages for financial outlay on the grounds that they were never properly…
In AM (Pakistan) -v- Secretary of State for the Home Department [2017] EWCA Civ 180 the Court of Appeal granted relief after an appeal was filed late. The appellant had relied upon an out of date commentary in the white…
For the third time in recent weeks I write about a case where a claimant has spent much time, energy (and no doubt money) in bringing an action but only recovered nominal damages. In Plantation Holdings (FZ) LLC -v- Dubai…
In Lyons -v- Fox Williams LLP [2017] EWHC 532 (QB) Mr Justice Turner considered issues relating to costs after a claimant had been unsuccessful in a claim for professional negligence. THE CASE The claimant had been unsuccessful in a claim…
In Dove -v- London Borough of Havering [2017] EWCA Civ 156 the Court of Appeal considered a number of procedural issues prior to giving judgment on the substantive point. The defendants argued that they should have been granted an adjournment of…
In Whyatt -v- Powell & the Motor Insurers Bureau [2017] EWHC 484 (QB) Mr Justice Lewis overturned the findings of the trial judge that three claimants had knowledge that a driver was not insured. The judgment considers what inferences a…
The change in the discount rate meant that many claimants withdraw Part 36 offers they had made. This has led to the question – is an email withdrawing an offer sufficient. I am grateful to Dominic Graham from Holmes &…
Lord Dyson, the former Master of the Rolls, is giving the annual Munkman lecture this Thursday the 23rd March in central Leeds. There are still some places available. As always with a Munkman Lecture Zenith Chambers invites all practitioners,…
In a judgment today in LBI EHF -v- RAIFFEISEN ZENTRALBANK ÖSTERREICH AG [2017] EWHC 522 (Comm) Mr Justice Knowles CBE had to consider whether the fact that a party could not find a fax meant that it had not been served. This involved…
In Gillian -v- HEC Enterprises Ltd [2017] EWHC 461 (Ch) Mr Justice Morgan considered an application to reconsider and re-open an earlier judgment, The judgment contains interesting observations about attempts to “reopen” court decisions, the use and alleged waiver of “without…
In Brown -v- BCA Trading Limited [2016] EWHC 1464 (Ch) Mr Registrar Jones refused to approve “agreed” budgets. He held that the fees of leading counsel were too high and needed to be reconsidered. This shows that an agreement between…
It is surprising, perhaps embarrassing, that the Court of Appeal is still hearing appeals where the judge at first instance applied the pre-Denton approach to relief from sanctions. However a judgment today involved just that*. In Patterson -v- Spencer [2017]…
Civil procedure in Scotland is undergoing major changes. In preparing for a talk at the Royal Faculty of Procurators in Glasgow I looked at quite a few posts and articles to help me understand what was going on (and to…
In Thefaut -v- Johnson [2017] EWHC 497(QB) Mr Justice Green made some important observations about the need for experts to be candid about their prior knowledge of, and relationships with, the parties to the action. A failure to mention knowledge…
We looked at the decision of Mr Justice Leggatt in Marathon Asset Management LLP -v- Seddon [2017] EWHC 300 (Comm) in an earlier post. The judge held that the defendants were in breach but that the claimants had suffered no loss….
We looked at the decision in Oldcorn -v- Southern Water Services Ltd [2017] EWHC in an earlier post. A second judgment on the case on the issue of costs is reported at [2017] EWHC 460 (TCC). . The successful defendant was…
The previous post looked at the judgment of Mr Stephen Furst QC in Car Giant Limited -v- the Mayor and Burgesses of the London Borough of Hammersmith [2017] EWHC 197 (TCC). Here we look at the subsequent judgment on costs at [2017]…
This series often looks at cases that have floundered at trial – usually because of the absence of basic evidence to prove a litigant’s case. This can be seen again in the judgment of Mr Stephen Furst QC in Car…
The judgment of Mr Justice Warby in Monroe -v- Hopkins [2017] EWHC 433 (QB) has already attracted a lot of attention. Here I want to look at the issues relating to the evidence. The case is one of the…
In Balk -v- Otkrite International Investment [2017] EWCA the Court of Appeal was highly critical of a litigant’s failure to respond to an open offer of settlement of appeal. The failure to engage with an open offer of settlement amounted…
The judgment of Mr Recorder Douglas Campbell QC in Starbuck -v- Patsystems (UK) Limited [2017] EWHC 397 (IPEC) illustrates issues in relating to recollection and credibility, it is another example of a claim (counterclaim in this case) failing because of…
In Owgilo -v- The General Medical Council [2017] EWHC 419(Admin) Mr Justice Dove considered the situation when a witness statement was served late and the applicant requested an adjournment. The overriding objective played a prominent part in the decisions made….
The judgment of the Court of Appeal in Otuo -v- Watchtower Bible and Tract Society of Britain [2017] EWCA Civ 136 shows the importance of calculating time periods for limitation. It shows what a difference a day makes KEY POINTS…
You must be logged in to post a comment.