In Kimyani -v- Sandhu [2017] EWHC 151 (Ch) Master Matthews dealt with the difficult issue of a litigant alleging judicial bias. This judgment emphasises the fact that the test is one of the fair minded and informed observer and not…
The New Year’s resolution for litigators that I recommended this year came (apparently) as a surprise to many: “Think very carefully before, during and after, making an ex parte application of any kind.” The judgment of Mrs Justice Andrews DBE…
We have seen several examples of litigants attempting to give “expert” evidence in their witness statements. This practice was considered by Master Matthews in Change Red Limited -v- Barclays Bank PLC [2016] EWHC 3489 (Ch). The Master was considering whether…
Every litigator is an advocate, whether they know it or not. Litigation is fundamentally about the art of persuasion. This is a litigator’s daily task: in correspondence, on the phone, with the court. This is best done by the careful…
There is a lot to consider in the judgment today of Mr Justice Green in Micheal -v- Phillips [2017] EWHC 42 (QB). It relates to inadequate disclosure; retention of electronic documents; peremptory orders and relief from sanctions. Things did not…
In the judgment today in Al-Rawas -v- Hassan Khan (A Firm) [2017] EWCA Civ 42 the Court of Appeal held that a counterclaim did not have any special status under the Limitation Act. It was subject to the same principles as…
The Court of Appeal judgment today in Sharp -v- Leeds City Council [2017] EWCA Civ 33 deals with an important point about fixed costs and applications for pre-action disclosure. KEY POINTS An application for pre-action disclosure made by a claimant…
It is easy to cause problems on social media. It is particularly easy to cause problems for yourself. We have looked several times at the role of social media in the courts. Another example can be found in the judgment…
It is a rare to have a specific judgment from the Administrative Court on the question of costs. In Taylor -v- Honiton Town Council [2017] EWHC 101 (Admin) Mr Justice Edis considered issues relating to costs. “I consider that, generally,…
The judgment of Mr Justice Stuart-Smith in Secker -v-Fairhill Property Services Ltd [2017] EWHC 69 (QB) may contain an important lesson about pleading as well as evidence. The claimant’s claim could not be put in negligence and her case based…
We have looked at the process of judicial assessment of witness credibility many times on this blog. Many of the robust judgments we have looked at pale into insignificance next to the judgment of His Honour Judge Hodge QC in…
There was recently some comment, and quite a few readers, of a post on “suing the man of straw”. This was the second post ever on this site. There were comments on Twitter that people were surprised by the post…
There are two lessons in the judgment of Mr Justice Cranston in Bunge S.A -v- Huaya Maritime Corporation [2017] EWHC 90 (Comm): (i) if you are applying for committal you should include a penal notice in the application; (ii) if…
The dangers of giving opinion evidence in witness statements are highlighted in the judgment today of Mr Justice Coulson in MacInnes -v- Gross [2017] EWHC 46 (QB). The opinion parts of the claimant’s witness statements were struck out. There was…
The judgment of the Court of Appeal in Camden Borough Council -v- Humphreys [2017] EWCA Civ 24 illustrates the danger of a party deciding not to attend a hearing. THE CASE A recipient of a parking ticket, Mr Humphreys, had…
In his judgment in His Royal Highnss Emere Godwin Bebe Okpabi -v- Shell Petroleum Development Company of Nigeria Ltd [2017] EWHC 89 (TCC) Mr Justice Fraser observed that applications in relation to jurisdiction needed a different approach from practitioners. “This…
For the second time within a week we have a case where the courts consider the discretion to extend time under s.7(5)(a) of the Human Rights Act 1998. In London Borough of Hackney -v- Williams [2017] EWCA Civ 26 the…
At some time during the year there is bound to be a judgment about bundles. However the judgment of the Court of Appeal today in Iqbal -v-Iqbal [2017] EWCA Civ 19 contains a great surprise. Amongst other problems with the…
There is an interesting postscript to the judgment of Mr Justice Mostyn in Goyal -v- Goyal [2017] EWFC 1. It relates to the practice of using letters to the judge in an attempt to alter the terms of a draft…
In Seery -v- Leathes Prior (a firm) [2016] EWHC80 (QB) Sir David Eady dismissed a claim for negligence against a firm of solicitors. One of the issues considered was whether the claimant should have been encouraged to litigate. The claim…
Litigators are sometimes called upon the restore limited companies to the register and make a limitation direction. The decision of the Court of Appeal today in Pickering -v- Davy [2016] EWCA Civ 30 gives rise to additional problems. It emphasises…
In AP -v- Tameside Metropolitan Borough Council [2017] EWHC 65 (QB) Mr Justice King considered issues relating to limitation, disability and a claim under the Human Rights Act. KEY POINTS The fact that a party lacks capacity does not prevent…
If ever there were an object lesson in the need to prove every element of an action it is the judgment of HH Judge McKenna (sitting as a High Court judge) in Oldcorn -v- Southern Water Services Ltd [2017] EWHC. The…
We have already looked at the judgment of Master Haworth in Savings Advice Limited -v- EDF Energy Customers Ltd [2017] EWHC B1 (Costs) in relation to the admissibility of evidence. Here we look at the judgment in relation to calculation of…
In Savings Advice Limited -v- EDF Energy Customers Ltd [2017] EWHC B1 (Costs) Master Haworth had to consider the issue of admissibility of evidence relating to a mediation. KEY POINTS Information provided about costs in the run up of a mediation…
I am grateful Alan Mendham of Gadsby Wicks to for sending me a copy of the decision of Master Brown in Murrells -v- Cambridge University NHS Foundation Trust (SCCO 17th January 2017) a case that re-visits the issue of proportionality and…
This series started as a series of tweets from a (cold) train station early last Friday morning. It is fitting I finish it on a Friday evening. Much ground has been covered and we have gathered advice from around…
Here we have most (but I can’t guarantee all) of the tweets given on what they don’t teach you at law school. You will see it is an eclectic mix. The advice given can be world weary but, for the…
This is the second review of guidance to young lawyers given on Twitter. There is lots of interest here. Some common themes appear to be: bundles; courtesy; be very nice to court staff; manage client expectations; don’t work too hard….
The judgment of Sir Anthony Edwards-Stuart in Lloyds Bank -v- McBains Cooper [2017] EWHC 30 (TCC) considers the question of issue based costs orders. What is interesting here is: Neither party appears to have made a valid Part 36 offer….
This series started off as a series of Twitter interactions. I am gradually making my way through them. Not all the contributions received were serious. However most have a underlying truth. I will try to put the remainder of the…
There are a limited number of places available for solicitors at the : Fixed Recoverable Costs Seminar with Lord Justice Jackson – Monday 6 February 2017 – 1.30pm to 5pm at DAC Beachcroft St Paul’s House. DETAILS Fixed Recoverable Costs…
The second post on the Court of Appeal decision in Manna -v- Central Manchester Hospitals NHS Trust [2017] EWCA Civ 12 relates to the Court’s upholding of the trial judge’s award of indemnity costs. “A judge should in my view be…
We will be looking at the Court of Appeal decision in Manna -v- Central Manchester Hospitals NHS Trust [2017] EWCA Civ 12 twice today. Here I want to look at the difficulties the defendant had in arguing a point in…
One rule that every lawyer should learn is that if you write, type, email or text anything you live with the risk that it could end up being read out in court. There are plenty of examples of emails, attendance…
I said at the outset of this series that we would draw inspiration from the world. Here we go to Kuala Lumpur. I am encouraging you to read a report of a talk in 2010 given by Brendan Navin Siva…
The Fourth in this series goes to Pennsylvania and looks at an article by Elizabeth Collura in Lawyerist.com – Recognisizing, Owning and Fixing Your Mistakes. This is short but to the point. Mistakes happen, they are rarely disastrous. It is…
This series is designed to help lawyers, and litigators in particular, in the initial stages of practice. We will be looking at guidance from around the world. Many of the problems that young lawyers face are universal. In this…
The first post in this series looked at a number of writers who had given guidance to the tyro lawyer. Here I want to recommend a specific article by Susan Carter Liebel written on “Solo Practice University”. “9 Things I…
In Michael Wilson & Partners -v- Sinclair [2017] EWCA Civ 3 the Court of Appeal overturned a decision to strike out the claimant’s case. The fact that there had been earlier arbitration proceedings did not, in this case, render a second…
There are some examples of ingenious attempts to introduce expert evidence into cases. Mr Justice Arnold commented on this in his judgment in Teva UK Ltd -v- Gilead Sciences Inc [2017] EWHC 13 (Pat). A “factual” report from an expert is…
There have been strong words issued by the Upper Tribunal (Immigration and Asylum) Chamber recently in relation to non-compliance and the imposition of sanctions. The Tribunal has more problems in imposing sanctions than most because of the overwhelming need for…
I have written several times on the risks, and advantages, of using social media for litigators. It carries risks and advantages in equal measure for litigants and litigators. I should not, therefore, have been surprised when a few tweets from…
There are aspects of the judgment of Mr Justice Coulson in Palmer -v- Nightingale [2016] EWHC 2800 (TCC) that justify closer examination. In particular the source of information of the expert’s information was illustrative. It highlights the importance of examining…
This site has recently moved to civillitigationbrief.com The move appears to have gone smoothly and all email and Wordpress subscribers appear to have stayed on board. If there is a problem with receiving emails this is probably due to the…
The judgment of Mr Justice Coulson in Palmer -v- Nightingale [2016] EWHC 2800 (TCC) is another example of a claimant failing to prove their case. More curiously, in some respects, the claimant’s own evidence contradicted their case. “In circumstances where there…
Every year brings a batch of cases relating to service of the claim form. This year starts with an unusual issue. In Brightside Group Ltd -v- RSM UK Audit LLP [2017] EWHC 6 (Comm) Mr Justice Andrew Baker considered issues…
In GH -v- The Catholic Child Welfare Society (Diocese of Middlesbrough) [2016] EWHC 3337 (QB) HH Judge Gosnell considered the exercise of the Section 33 discretion in a case where there was allegation of sexual abuse that took place in…
“This may be an interesting year for the consideration of issues relating to the accuracy of memory. An interesting case where the relevant principles were considered in detail can be found in the judgment in EF -v- The Catholic…
The post on “Lawyers, litigation and memory”clearly struck a chord. It had many hundreds of readers (on a Sunday too). It highlights the fact that a failure to be trained in, and consider, issues relating to memory, causes litigators numerous…
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