This is the fourth in the series of posts on the new Part 36 coming into force on the 6th April 2015. The rules contain a brand new provision that deals with the position where a offeror’s costs are limited…
This is the third in the series of posts that deals with the Part 36 provisions coming into force on the 6th April 2015. Here we look at the rules restricting disclosure of a Part 36 offer and some important…
There were only a few comments when I asked, on twitter, for recommendations for the civil case of the year. I have overlooked the obvious candidate (Denton)and gone for a case that can, and should, reinvigorate belief in the civil…
This is the second part of a series dealing with the new provisions of Part 36 which comes into force on the 6th April 2015. The first in the series can be found here. Here we look at the new…
Is an admission made by an insurer under the Portal binding on the parties in a future action? In September last year we looked at the case of Ullah -v- Jon where a district judge held that an admission was…
Previous posts have dealt with the problem of defining the line between submissions and evidence – with the dangers that an advocate could be “giving evidence”. However there are circumstances in which an advocate may have to give evidence as…
It is coming to that time of the year where everyone does an annual review. We civil litigators cannot be left out. Here is an annual review for the past 12 months. If people want to make additional suggestions in…
In Public Joint Stock Company Vseukrainskyi Aktsionernyi Bank -v- Maskimov [2014] EWHC 4370 (Comm) Mr Justice Hamblen made it clear that essentially useless litigation will lead to costs against a claimant. The judge awarded costs against the claimant bank in…
In JSC Mezhdunarodniy Promyshlenniy Bank -v- Sergi Viktorovich Pugachev [2014] EWHC 4336 (Ch) Mr Justice Mann made some important observations in relation to the need for a witness statement to identify the sources upon which it is based. THE CASE…
In Smailes -v-McNally [2014] EWCA Civ 1296 the Court of Appeal made it clear that breach of a peremptory order in relation to disclosure will lead to grave consequences for the defaulting litigant. THE CASE This case was looked at…
The “new” Part 36 comes into force on the 6th April 2015. Here I provide the first part a summary of the main chances. To prevent any confusion this post only cites the new rules. THERE IS NOW AN EXPRESS…
The application of the Denton principles was considered by Mr Justice Peter Smith in Mulugeta Guadie Mangiste -v- Endownment Fund for the Rehabilitation of Tigray [2014] EWHC 4196 (Ch) when reviewing an argument that the claimant should not pay an order for…
The recent post on the Court of Appeal upholding a decision not to grant permission for over-elaborate particulars of claim has led to some comments on the length of pleadings (“229 paragraph Particulars of Claim” “I’ve got 32 page prof…
The Court of Appeal today indicated that “more help” was needed for litigants in person. Here we look at the guidance that exists. LORD JUSTICE MOORE-BICK OBSERVED TODAY: In R (Dinjan Hysaj) v Secretary of State for the Home Department…
In a combined decision in three cases heard today* [2014] EWCA Civ 1633 the Court of Appeal set out important guidance in relation to applications to appeal out of time. Practitioners must be aware of the time limit for appeals,…
This was the description given by His Honour Judge Mackie QC when he was considering, and refusing, an application by the defendant to strike the action out. The decisions he made were upheld by the Court of Appeal In Walsham…
The most recently available Civil Court Statistics from April to June 2014 makes interesting reading. The number of claims is decreasing; around 3% of claims go to trial; the average time between issue and trial is 54 weeks; about 10…
The case of Seton House Group -v- Mercer Ltd [2014] EWHC 4234 (Ch) shows the importance of being certain of a limitation period and issuing well before that date. In this case, however, the limitation period had passed well before the…
In Zaman -v- Paradise UK Ltd (QBD) 11/12/2014* Judge Seymour QC upheld a decision of the Master to strike out a personal injury action on the grounds of abuse of process where liability had been admitted. This is an important…
In Soboleska -v- Threlfall [2014] EWHC 4219 (QB) Mr Justice Foskett made some important observations about the use of commonsense in assessing the likely cause of serious injuries suffered in a road traffic accident. THE FACTS The claimant suffered physical…
In QRS -v- Beach & Kordowski [2014] EWHC 2189 (QB) Mr Justice Warby considered the relevant criteria for setting aside a default judgment when the court makes an order/declaration? There is a detailed discussion of the relevant law and the appropriate…
This blog has looked at examples of the summary assessment of costs before. These do not give rise to any great principles or points of law. Summary assessments are rarely (if ever) reported. Virtually every litigator is going to be…
The advantages to a claimant in making a prompt, and realistic, Part 36 offer are shown in the judgment of Sir David Eady in Downing -v- Peterborough & Stamford Hospitals NHS Foundation Trust [2014] EWHC 4216 (QB). THE KEY POINT…
If anyone ever needed a lesson on the risks of litigation they should read the judgment of Mr Justice Eder in Ted Baker plc -v- Axa Insurances UK Plc [2014] EWHC 4178 (Comm). THE CASE There had been a preliminary…
“Pleadings are intended to help the Court and the parties. In recent years practitioners have, on occasion, lost sight of that aim. Documents are drafted of interminable length and diffuseness and conspicuous lack of precision, which are often destined never…
It is easy to overlook one aspect of the decision in British Gas Trading -v- Oak Cash & Carry [2014] EWHC 4058 (QB). In that case the judge overturned a decision granting relief from sanctions. However she also indicated that…
The Denton and Mitchell criteria were considered, in passing, in R (RA-Nigeria) -v- Secretary of State for the Home Department [2014] EWHC 4073(Admin). Where Andrew Thomas QC, sitting as a Deputy High Court Judge, considered an application that the Defendant…
The transcript of Edwin Coe LLP -v- Aidiniantz [2014] EWHC 3994 (QB) is worth reading for a number of reasons: (i) The nature of the duty owed by the solicitor in litigation; (ii)evidence and contemporary documents and (iii) the circumstances…
The judge’s assessment of witnesses is often the crucial element in most cases that go to trial. This applies at every level, from the small claims arbitration to the most complex commercial dispute (and, of course, high profile defamation actions)….
In British Gas Trading -v- Oak Cash & Carry [2014] EWHC 4058 (QB) Mrs Justice McGowan DBE overturned a decision granting a defendant relief from sanctions. What is particularly interesting is that the original decision was made post-Mitchell but prior…
There is now plenty of material on costs budgeting, much of it can be found in links on this blog. However I have not found any guidance for litigators on how the requirement for “proportional” costs will affect their work…
This blog has looked at the fact finding process in the Mitchell judgment several times already. Here I want to look at the issue of the “truth”. This is an issue that has wider implications for those involved in the…
An earlier post reported on the observations of Mostyn J in J-v-J in relation to costs, proportionality and bundles. If you take the indignation and sense of outrage expressed in J-v-J about costs, preparation and bundles, and then quadruple it,…
In Redfern -v- Corby Borough Council (QBD 03/12/2014)* Judge Seymour QC upheld the decision of a deputy master that the amount of costs already incurred had a major impact upon the future costs budget. THE CLAIM The claimant was brining…
It is more common for a judge to “apportion” costs at the end of a trial to reflect the merits of the case and the “success” of each party. In Trant -v- Stokes (o3/12/2014 CA)* the Court of Appeal overturned…
In the latest decision in the XYZ case [2014] EWHC 4056 (QB) Mrs Justice Thirlwall DBE rejected an application that the insurers of the defendants be joined into the action. There was no real connection between the issues in the…
Should a second action, issued because the first was struck out for some reason, be struck out? I am grateful to Charles Bagot of Hardwicke Chambers for sending me a copy of the transcript of a decision by District Judge…
In Dufoo -v- Tolaini and Ors [2014] EWCA Civ 1536 the Court of Appeal considered the issue of costs liability between the claimants where two claimants had settled their action with a defendant but a third went on to trial…
The judgment in the substantive Mitchell case has been examined several times on this blog. Not in relation to political and other ramifications but instead considering the judge’s analysis of the evidence. The previous post looked at the difficulties posed…
A party has two years to bring a claim for a contribution under the Civil Liability (Contribution) Act 1978. In The Chief Constable of Hampshire Constabulary -v- Southampton City Council [2014] EWCA Civ 1541 the Court of Appeal found that…
In Scott -v- Hull & East Yorkshire Hospitals NHS Trust [2014] Ew Misc B53(CC) the claimant failed to recover any costs against the defendant because he failed to prove that there was a valid CFA. THE FACTS A detailed assessment was…
The issue of witness credibility in the Mitchell case has already been considered on this blog. However reading the transcript gives rise to more issues. Here we look at one – the significance of the previous statements made by…
The previous post dealt with issues of evidence and causation. Similar issues can be seen in the case of Irene Packham -v- Anita Hazari [2014] EWHC 3951 (QB), a decision of Michael Harvey Q.C. The issue of causation and evidence…
This has been, it has to be said, an interesting week for considering evidence in civil cases. Another interesting example can be found in the decision in Howmet Ltd -v- Economy Services Limited [2014] EWHC 3933 (TCC), a decision by…
If a litigant takes a matter to trial and the result rests, ultimately, on witness evidence, then those advising must (or at least should) have a clear and certain grasp of the factors governing witness credibility. This issue is almost…
The Mitchell case was at the forefront of attention a year ago when the Court of Appeal set out its (apparently widely misunderstood) views on relief from sanctions. It is even more in the headlines today. The case has been…
It is only recently that the Court of Appeal has “opened its doors” so to speak on reports of its cases. The judgment of Peter Jackson J in A & B (Court of Protection: Delay & Costs) [2014] EWCOP 8…
We are now exactly one year on since Mitchell and 237 days since Denton. This is a good a time as any to review the Post Denton decisions on this blog. It is interesting that there were no reports in…
The Supreme Court judgment in HRH Prince Abdulaziz Bin Mishal bin Abdulaziz Al Saud (Appellant) v Apex GlobalManagement Ltd and another (Respondents) [2014] UKSC 64 contains some important observations in relation to disclosure and case management. BACKGROUND TO THE CASE This…
For the third time in the past few months Jackson L.J. has spoken out against over-lengthy skeleton arguments. The costs of preparing those skeletons have been disallowed on each occasion. This is what happened in Inplayer Ltd -v- Thorogood [2014]…
