When a claimant accepts a Part 36 offer late costs become at large. Here we look at two cases where late acceptance of a Part 36 offer had grave consequences for a claimant.* “A claimant who pursues a claim in…
The Court of Appeal considered the Denton criteria in JA (Ghana) -v- The Secretary of State for the Home Department [2015] EWCA Civ 1031. A decision that emphasises that the criteria can be applied rigorously. “A more appropriate and (individually)…
Proportionality is, mostly, about money. The problems that proportionality causes increase in those cases where the sums recovered are much less than those originally sought. The over-claiming of damages is a dangerous tactic for many reasons. Not least it…
In January this year I started a series “Proportionality and Survival for Litigators”. I predicted it would be a lengthy series. I want to look at practical ways in which litigators can ensure that costs remain “proportional”. This, most probably,…
There is a brief report on Lawtel of the Court of Appeal decision in NJ Rickard Ltd -v- Holloway (CA 03/11/2015)*. It is an example of: (i)the importance of making a valid Part 36 offer; (ii)an example of the consequences…
In Hobbs -v- Guy’s and St Thomas’ NHS Foundation Trust [2015] EWHC B20 (Costs) Master O’Hare considered the question of proportionality in the context of a low value clinical negligence case. “In my judgment, although it was reasonable for the…
In GBM Minerals Engineering Consultants Limited -v- GM Minerals Holdings Limited [2015] EWHC 3091 (TCC) Mr Justice Fraser had some some strong words to say about conduct and costs, resulting in a decision that no order for costs should be…
In Tseitline -v- Mikhelson [2015] EWHC 3065 (Comm) Mr Justice Phillips had to consider whether effective personal service had taken place. THE CASE The claimants had attempted to serve the defendant outside, and then later inside, the National Gallery. The…
In Summers -v- The City and County of Cardiff [2015] EWHC 3066 (QB) Mr Justice Hickinbottom considered what was meant by “significant” in s.14(1) of the Limitation Act 1980. “The test for “significance” of injury is one of quantum alone,…
“Are lawyers colluding on fees?”, asked Rachel Rothwell in the Law Society Gazette yesterday. Rachel was reporting on a concern, albeit a low key one expressed by some judges that parties are “colluding” to keep their fees high in costs…
Anyone looking for a detailed consideration of the law relating to witness evidence and the burden of proof can find it in the judgment of His Honour Judge Butler (sitting as a High Court judge) in GB -v- Stoke City…
The judgment of the Court of Appeal in One Money Mail Ltd -v- RIA Financial Services [2015] EWCA Civ 1084 highlights a surprisingly common theme in many judgments. A party wants damages but has simply failed to adduce the evidence…
In the judgment today in Harlequin Property (SVG) Limited -v- Wilkins Kennedy [2015] EWHC 3050 (TCC) Mr Justice Coulson refused an application for indemnity costs and reduced the sum claimed from £51,787.50 to £35,000. THE CASE The claimant made a…
LIMITATION :"STANDSTILL AGREEMENT" HAS WIDE SCOPE & COVERS CLAIM IN DECEIT: COURT OF APPEAL DECISION
In Mortgage Express -v- Countrywide Surveyors Limited [2015] EWCA Civ 1110 the Court of Appeal construed a limitation “standstill” agreement. It is, possibly, the first time a “standstill” agreement has been construed on appeal. Given that these agreements are now…
In LD Commodities Rice Merchandising LLC -v- The Owners and/or Charterers of the Vessel Styliani Z [2015 ] EWHC 3060 (Admlty) Mr Justice Teare considered a case where the claimant used the wrong form to issue an action, this could…
Mrs Justice Whipple had to consider several preliminary applications in the case of American Express Services Europe Ltd -v- Al-Shabrakah [2015] EWHC 3004 (QB). There are several important observations in relation to applications to adjourn and witness evidence where a…
This blog has looked, several times, at the dangers of solicitors signing documents which contain a statement of truth. The risks are clearly set out in the decision of Mrs Justice Rose today in Bao Xiang International Garment Centre -v-…
The previous post looked at the decision Mr Justice Coulson in The Dorchester Group Ltd -v- Kier Construction Limited [2015] EWHC 3051 (TCC) in relation to disclosure. Here we look at the decision in relation to the claimant’s application for…
The judgment of Mr Justice Coulson in The Dorchester Group Ltd -v- Kier Construction Limited [2015] EWHC 3051 (TCC) contains much of interest in relation to admissions and procedure. However there are also interesting observations in relation to the way…
The Houses of Parliament have produced a note on Unintentional Bias in Court which deals with the issue of how assumptions, stereotypes and “contextual information” can influence judgement unintentionally. The note concentrates upon the impact in criminal proceedings. However it is…
In Royal Wolverhampton Hospitals NHS Trust -v- Evans [2015] EWCA Civ 1059 the Court of Appeal rejected an appeal by the defendant against a finding of liability. There are important observations in relation to procedure which merit examination. In…
In Rayner -v- Wolferstans & Medway NHS Foundation Trust [2015] EWHC 2957 (QB) Mr Justice Wilkie carried out a comprehensive review of the law relating to date of knowledge and Section 33 of the Limitation Action 1980. It also touches…
In Transportes Viana E Fernandes LDA -v- Baban & others (Brighton County Court, 15th January 2015)* His Honour Judge Simkiss overturned the order of the District Judge in circumstances where the claim form had not been served properly. The claim…
In RXDX -v- Northampton Borough Council [2015] EWHC 2938 (QB) Sir Colin Mackay revised an order in relation to indemnity costs following a Part 36 offer. THE CASE On the 12th March 2015 the claimant offered to settle the issue…
The New Law Journal last month carried an important article from District Judge Nigel Law about his experience with case summaries in the county court. The case summaries he found were too long and rarely useful. This set me looking…
Issues relating to “witness training” are bound to be controversial. The advocates of witness training (often, surprisingly, those who provide the training) state it is a good thing. However it is clear that trial judges often have their reservations as…
In Edginton -v- Sekhon [2015] EWCA Civ 816 the Court of Appeal refused to overturn the judge’s decision not to adjourn a bankruptcy petition. “Delay is inimical to all forms of litigation and especially so in a collective enforcement process…
In Johnston -v- TAG Farnborough Airport Limited [2015] UKUT 0534 Martin Rodger QC (Deputy President of the Upper Tribunal Land Chamber) had some telling observations about the role of the expert witnesses in that case. “The willingness of the experts…
In Quader -v- Esure Services Limited (Birmingham County Court 15th October 2015) His Honour Judge David Grant considered the issue of whether fixed costs applied to a portal case that was transferred to the Multi Track. THE CASE The judge…
The previous post looked at the decision in relation to interest in Oyesanya -v- Mid-Yorkshire Hospital Trust [2015] EWCA Civ 1049. Here we look at the procedural points. “I cannot leave this case without making three observations. First, I am surprised…
There were many procedural issues in the Court of Appeal decision in Oyesanya -v- Mid-Yorkshire Hospital Trust [2015] EWCA Civ 1049. Some of them will be looked at in later posts. Here we look at the appropriate approach of the…
A solicitor has pointed out to me the surprise provisions of Practice Direction 3F – on Costs Capping. The title of the Practice Directions is deceptive. There are also mandatory provisions in relation to the filing of costs budgets at…
In its judgment today in Mischon De Reya -v- Caliendo [2015] EWCA Civ 1029 the Court of Appeal refused the Defendant’s appeal where a claimant had been granted relief from sanctions following a failure to give proper notice of funding….
In JPH -v- XYZ [2015] EWHC (a decision made this Saturday!) Mr Justice Popplewell made an order allowing service by e-mail. THE CASE The claimant was bringing an injunction to prevent “revenge porn”. An application was made without notice to…
It is rare for cases about service of the claim form to reach the headlines. This, however, is what happened in Ireland -v- Dorries [2015] EWHC 2781 (QB). Although service here relates to service of an Election Petition the court…
REFUSAL TO REALLOCATE: DISTRICT JUDGES WILL NOT ACT AS THE "COURT OF APPEAL" IN ALLOCATION DECISIONS
In Williams -v- Santander UK PLC [2015] EW Misc B37(CC) District Judge Stamenkovich considered an application to re-allocate a case from the small claims track. “I can see no reason to sit as a Court of Appeal from my fellow…
We looked in an earlier post at the case of Ali -v- CIS General Insurance (29/7/2015) where a claimant’s action was struck out because of failure to give disclosure. However there was a passing comment in the judgment which demonstrated…
The decision of Mr Justice Morgan in Tim-Alexander Gunther Nikolaus Hertel -v- Artemis International Sarl [2015] EWHC 2848 (Ch) involves a complex set of facts but is extremely important in terms of construction of Part 36 offers. (It is perhaps…
In Worthing -v- Lloyd’s Bank PLC [2015] EWHC 2836 (QB) His Honour Judge Keyser Q.C. considered an allegation of negligence against a bank for giving poor investment advice. However the analysis of the evidence is of most interest to…
In Involnert Management Inc -v- Aprilgrange Limited [2015] EWHC 2834 (Comm) Mr Justice Legatt addressed the issues of when interest runs on costs. The problem arose because interest under the Judgments Act 1838 carries interest at 8%. Interest on costs…
STRIKING OUT AT TRIAL BECAUSE THE CASE WAS A MESS: A WARNING FOR THOSE WHO WANT LIFE WITHOUT LAWYERS
On a day when the Lord Chief Justice has stated that the legal system must adapt to life without lawyers. It is interesting to read this report of the problems caused by litigants in person. It has kindly been provided…
In United Utilities Group PLC -v- Hart (HH Judge Wood, Liverpool County Court, 24th September 2015*) a claimant was granted a “reprieve” after having served a photocopy of the claim form by mistake. However this is another one of those…
In Blakemores LDP -v- Scott [2015] EWCA Civ 999 the Court of Appeal considered issues relating to date of knowledge for the purpose of s.14A of the Limitation Act 1980 . The court also considered the impact of delay when…
I am grateful to Anton Smith of Ashton Bond Gigg Solicitors for sending me details of the decision of Mr Registrar Jones In Brooks & Willetts (liquidators or Robin Hood Centre Plc) -v- Armstrong 2015 EWHC 2289 (Ch) a copy…
In Optaglio Limited -v- Tethal [2015] EWCA Civ 1002 the Court of Appeal considered the issue of how far a judge can determine disputed issues of fact in a summary judgment application. THE CASE The claimant was appealing an order…
There have been a number of recent cases where judges have considered the effect of expert witnesses commenting on primary facts. The judiciary have traditionally, and rightly, guarded their role as primary fact finder. However this does not appear to…
This blog has already looked at the decision in Mohidin -v- Commissioner of Police for the Metropolis [2015] EWHC 2740 (QB) in the context of the contents of witness statements and the length of the trial bundles. That judgment also…
The case of Mohidin -v- The Commissioner of Police for the Metropolis [2015] EWHC 2740 (QB) will, no doubt, be looked at in detail for its implications for claims against the police. The case also contains interesting observations about similar…
In Ali -v- CIS General Insurance 2015 WL 5037781 His Honour Judge Cryan upheld a decision striking out a claim for failure to comply with disclosure. “The failure to comply with the order for disclosure was a serious failure to…
I doubt whether anyone knew what a “blog” was 20 years ago. However at that time Civil Litigation Brief was a monthly column in the Solicitors Journal. It is interesting to see how much (or how little) matters have moved…
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