There is a section on this blog devoted to links to posts on procedure and costs. Occasionally, however, a post is so important that I feel compelled to draw attention to it. This definitely applies to the publication “Litigation Trends…
In Arcadia Group Brands Ltd -v- Visa Inc [2015] EWCA Civ 883 the Court of Appeal, dismissed an appeal on the merits, but nevertheless overturned the judge’s order for indemnity costs. THE CASE The claimants were bringing actions for breaches…
The judgment of Mr Justice Knowles DEB in Otkritie Capital International Ltd -v- Threadneedle Asset Management Ltd [2015] EWHC 2329 (Comm) contains some important observations for all those involved in litigation, particularly commercial litigation. It also provides a reminder that…
The recent posts on witness credibility have given rise to much attention. Matthew Stockwell, junior counsel for the claimant, has pointed out that the case of Pollock -v- Cahill [2015] EWHC 2260 (QB) also involves an assessment of witness evidence….
This post should serve as a necessary balance/counterblast to the earlier post on the Sonae Industria case. In that case some of the witnesses were found to be honest and some patently dishonest. It was a feature of that case…
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)…
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…
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…
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…
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…
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…
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…
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…
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…
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…
The judgment of Master Campbell in Addleshaw Goddard LLP -v- Wood & Hellard [2015] EWHC B12 (Costs) has some interesting observations on contentious business agreements and the nature of litigation financing generally. THE CASE The claimant solicitors had entered into…
I have already posted an article on the Privy Council decision in Central Bank of Ecuador -v- Conticort CA [2015] UKPC 11. It was a remarkable case in that the Privy Council overturned findings of fact of the trial judge. In…
New rules have been introduced which (for the most part) come into force on the 1st October 2015. Here we look at the key changes. THE RULES The Civil Procedure (Amendment No.4) Rules 2014 were laid before Parliament on the…
Much attention is, rightly, paid to the actions of evidence of claimants who bring fraudulent claims or give untrue evidence. However it is important to remember that this issue with evidence is not a one way street. There are plenty…
In Thomas -v- Albutt [2015] EWHC Mr Justice Morgan considered, among other things, the duty owed by a barrister (and lawyers generally) to warn about the risks of litigation. “Clients, I know, want two inconsistent things. They want confident advice…
The appeal in Michael Wilson & Partners Ltd -v- Sinclair [2015] EWCA Civ 774 involves the Court of Appeal considering the Mitchell/Denton divide. KEY POINTS The Court overturned a decision, made post-Mitchell but prior to Denton, where a judge refused…
There is an interesting decision on checkmylegalfees.com website in relation to the transitional provisions of the QOCS regulations. The full transcript of Casseldine -v- The Diocese of Llandaff Board for Social Responsibility (Regional Costs Judge Phillips, Cardiff County Court 15th…
In NGM Sustainable Developments Ltd -v- Wallis [2015] EWHC 2089 (Ch) Mr Justice Peter Smith highlighted the importance of full and accurate pleading of a case alleging fraud. “…in commercial matters the parties and their lawyers tend to work long…
The Mitchell libel case led to a number of interlocutory hearings and applications, some of which had a profound effect on civil procedure (for a while at least). The case of Yeo -v- Times Newspapers Ltd is also leading to…
The decision in Coventry -v- Lawrence [2015] UKSC 50 has not led to any major change in practice and procedure (in relation to a costs regime that had already ended anyway). A link to the judgment is here KEY POINTS…
The Justice Committee is holding an inquiry into the effects of the introduction and levels of the increased court fees. If anyone wants to send their responses to this blog, in addition to the inquiry, I will arrange a specific…
Service of the claim form is an issue that continues to cause problems. There is a brief report on Lawtel today of the decision of Stewart J in Dzekova -v- Thomas Eggar PPL (QBD 17/07/2015)*. It is another example of…
In The Queen on the application of British Academy of Songwriters, Composers and Authorts -v- the Secretary of State for Business, Innovation and Skills [2015] EWHC 2401 (Admin) Mr Justice Green made an issue based costs order. THE CASE The…
I am grateful to Rebecca Jones of Hardwicke Chambers for sending me details of an important decision in relation to setting aside a notice of discontinuance served by a claimant in a costs case. The note of the judgment below…
The signing of a statement of truth is now an everyday event in litigation. With documents signed by clients, or by lawyers on behalf of their clients. Recent cases highlight the significance of the statement of truth. It is important…
In International Sports Tours -v- Shorey [2015] EWHC 2040 (QB) Mr Justice Green considered some interesting issues relating to committal for contempt, witness statements and affidavits. THE ACTION The claimant brought an action against a former employee and others claiming breach…
The judgment of the Privy Council in Central Bank of Ecuador and others v Conticorp SA and others [2015] UKPC 11; [2015] WLR (D) 150 is quite extraordinary. It involved the Privy Council overturning a finding of fact of the judge at first instance that…
The case of Wright -v- Lewis Silkin LLP [2015] EWHC 1897 (QB) has been widely reported. Some report it as a case where a solicitor’s evidence was not believed. This is grossly unfair. This case is another example of the…
In EMW Law LLP -v- Halborg [2015] EWHC 2005 (Ch) His Honour Judge Purle QC considered some important elements in relation to the ability of solicitors to recover their costs. The judge also found that solicitors are not “litigants in person”…
There are some interesting observations in the judgment of Mr Recorder Acton David QC in Luffeorm Limited -v- Kitsons LLP [2015] EWHC B10(QB). This illustrates some important issues in relation to evidence and the need to prove damages. “The Highwayman’s…
In Pentecost -v- John [2015] EWHC 1970 (QB) Turner J (sitting with Master Leonard as an assessor) held that a retrospective Collective Conditional Fee Agreement was valid between the client and their solicitors, thus valid for the purpose of enforcing…
In Macleod -v- the Commission of Police for the Metropolis [2015] EWCA Civ 688 the Court of Appeal set out the criteria for appealing findings of fact. Further the case highlights the important distinction between what witnesses saw and what…
For the third time in a fortnight the courts have sent out a clear message of the dangers of judges making findings of fraud without having all the evidence to hand. THE CASE In Alpha Rocks Solicitors -v- Alade [2015]…
In a judgment today Jackson L.J. made some trenchant remarks about the quality of the appeal bundle. It illustrates the importance of reading (and complying) with the relevant rules and practice directions. “The appeal bundle should be an aid to…
The issue of whether a failure to mediate represented a failure to mitigate loss was considered by Judge Pelling QC (sitting as a High Court judge) in Orientfield Holdings Ltd -v- Bird & Bird [2015] EWHC 1963 (Ch). “Having embarked…
In Otou -v- Brierley [2015] EWHC 1938 (Ch) Edward Murray (sitting as s Deputy Judge of the Chancery Division) was in an unusual situation. A witness statement drafted by a litigant in person contrasted to a witness statement by a…
In Various Claimants -v- Giambrone [2015] EWHC 1946 (QB) Mr Justice Foskett looked at issues relating to the credibility of witnesses where it was alleged that their evidence had not been “challenged” in certain respects. “…the days of the “I…
This is the second post today on the issue of how judges assess witnesses. In Mudroglu -v- Reddish LLP [2015] EWHC 1044 (Ch) His Honour Judge Keyser QC had to consider issues relating to the credibility of two witnesses. THE…
There have been a number of cases recently where the courts have considered, expressly, how they should approach witness evidence. The first, Axa -v- Arab Insurance Group [2015] EWHC 1939 (Comm) related to witnesses who had to consider matters after…
For those with Motor Insurers Bureau claims a new Uninsured Driver Drivers agreement comes into force on the 1st August 2015. Here we look at the major changes. THE KEY POINT The rules are now much simpler. The key points…
The post on the Canadian case of The Hearing Clinic (Niagara Falls) -v- Ontario 2014 ONAC 5831 attracted a lot of views and a lot of comments. I am grateful to Chris Rees for pointing out the judgment of Mr…
In Rawlinson & Hunter Trustees SA -v- ITG [2015] EWHC 1924 (Ch) Mr Justice Morgan considered issues relating to indemnity costs and whether assessment of costs ordered on an interlocutory hearing should take place forthwith. KEY POINTS Although the conduct…
The Court of Appeal decision today in Dunnage -v- Randall [2015] EWCA Civ 673 is one of those seminal cases that every tort law student will have to read. Here we look at the case and the procedure. In particular…
The question of whether a witness statement can be signed electronically is often described as an “open” issue. It was considered by District Judge Jenkinson in Fitzpatrick -v- AIG Europe Ltd (Liverpool County Court 1st July 2015*). THE CASE The…
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