I was asked to speak at the Inaugural meeting of the Yorkshire Branch of the Association of Cost Lawyers recently. One matter that came up in discussion was how rarely applications were made for interim applications for costs. This can…
In JE -v- Secretary of State for the Home Department [2014] EWCA Civ 192 the Court of Appeal considered whether a QUOCs type order could be made in the Court of Appeal. The Court also emphasised the importance of prompt…
In Interface Europe Ltd -v- Premier Hanks Dyers Ltd [2014] EWHC 2610 (QB) Judge Saffman (sitting as a judge of the High Court) considered the issue of the relevant date of accrual of a cause of action in a breach…
The question of the duties owed by a lawyer to not mislead the court was at the forefront of the decision yesterday in Brett -v- The Solicitors Regulatory Authority [2014] EWHC 2974 (Admin). This case has obvious and very wide…
Most of the cases and commentary in relation to service concentrate upon late service of the claim form. However it is possible to fall foul of the rules and serve the particulars of claim late even when the claim form…
I posted yesterday on the new procedure for e-bundles in the House of Lords and Privy Council. HH Simon Brown QC has sent me a cop of the e-court direction that applies in the Birmingham Mercantile Court. It probably reflects…
The decision of District Judge Ackroyd in Burreett -v- Mencap Ltd (14th May 2014) was reported on Lawtel earlier this week and is available on Bailli. It contains an important lesson to both defendants and claimants as to costs when…
The Supreme Court has issued guidance on the use of electronic bundles which will be mandatory for a trial period. Parties given permission to appeal in the Supreme Court and Privy Council after the 1st October 2014 will be expected…
Statements made in the course of proceedings are usually subject to judicial proceedings immunity. The scope and extent of this immunity was considered in detail by the Court of Appeal in Singh -v- Governing Body of Moorlands Primary School [2013]…
The case of Durrant -v- Chief Constable of Avon & Somerset Constabulary [2013] EWCA Civ 1264 was well known as one of the first reports on sanctions. The defendant police authority was debarred from calling witness evidence as a result…
The idea of costs budgeting was, in part at least, to give the parties some certainty as to the costs they would have to face it they lost an action. However the decision in Kellie & Kellie -v- Wheatley &…
We looked at the decision in Kellie & Kellie -v- Wheatley & Lloyd Architects Ltd[2014] EWHC 2866(TCC) yesterday in the context of drafting witness statements. The judgment is equally interesting on the issue of costs and costs budgeting. There is an…
The decision of Judge Keyser Q.C. In Kellie & Kellie -v- Wheatley & Lloyd Architects Ltd [2014] EWHC 2866(TCC) gives a working example of the dangers of not taking a full witness statement and exploring issues of importance with a…
There has been much coverage of the forthcoming changes to the guidance for the instruction of experts in civil claims. There have been several additions which impose specific duties upon solicitors. SOLICITOR MUST MAKE POSITION CLEAR IF FURTHER DOCUMENTS ARE…
Recent posts have given rise to a international tour searching out guidance for the preparation and drafting of witness statements. We have been to Scotland, and to the East, and now we arrive in Australia where the Western Australian Bar…
The case of Kaupthing Singer & Friedlander Ltd (in administration) v. UBS AG [2014] EWHC 2450 (Comm) contains yet another example of the very real dangers of using a witness statement to argue a case. It is usually unhelpful and often…
The post yesterday looked at guidance on taking witness statements from Scottish Judges. Here we look at a real gem of an article by Ula Cartwright-Finch and Alex Waksman of Herbert Smith Freehills on the accuracy of witness statements and…
Relief from sanctions was granted to the claimant in Ye0 MP -v- Times Newspapers Ltd [2014] EWHC 2853 (QB). THE ACTION This was a defamation action where the claimant had failed to file notice of funding with the Particulars of…
There is relatively little guidance to litigators on the process of taking witness statements. What are appropriate questions and, to what extent, can the witness be “guided” by the lawyer. These are difficult and sensitive topics which have been considered…
There have been several posts on this blog in relation to witness evidence and witness credibility. One important point to note is that a judge is entitled to find that a witness is correct on some matters and not on…
The fact that an appeal is made, or permission to appeal is granted, does not automatically grant a stay of execution. The appellant has to apply for a stay and the court can grant conditions. The law and principles governing…
One of the places where Mitchell, and subsequently Denton, had a major impact was the specialist tribunals. As we have seen in this blog Mitchell principles were applied with some vigour and the “clarification” by Denton has also had an effect….
Back in 2003 Chris Evans, the radio presenter, was involved in a lengthy contractual dispute with a number of defendants. There were 9 parties to the action and the trial went on for twenty days. The judge’s observations at the…
We have looked before at the advantages to a claimant in making an early Part offer. If the claimant matches or beats that offer at trial then there are advantages in costs and interests. There can also be a 10%…
The decision discussed earlier today of Dowdall -v- William Kenyon & Sons Ltd [2014] EWHC 2822 (QB) contained an interesting observation that I wanted to deal with separately. It concerns the “usefulness” of trial bundles. OBSERVATIONS ON THE BUNDLES The Claimant has…
The case of Dowdall -v- William Kenyon & Sons Ltd [2014] EWHC 2822 (QB) decided yesterday contains some important observations in relation to allegations of abuse of process; estoppel and section 33. THE FACTS Mr Dowdall has pleural mesotheliomia. In 2003…
The High Court decision in Ultimate Products Ltd -v- Wooley [2014] EWHC 2706 (Ch) provides further guidance as to what the courts are likely to consider “serious or significant” breaches. The High Court judge upheld the decision of the Master…
I have written before about witness evidence and the difficulties in establishing matters without the benefit of corroboration. The case of Brogden & Reid -v- Investec Bank Ltd [2014] EWHC 2785 (Comm) reported today illustrates this problem. THE ISSUES: WAS THERE AN…
I feel almost duty bound to continue to report on the Mitchell case, even if now has limited relevance to the question of sanctions. The latest case management decision offers an interesting decision on whether there should be a split…
The Denton case was considered by the First Tier Chamber: Tax Tribunal in Elder -v- Revenue & Customs [2014] UKFTT 728 (TC). Consideration of the Denton principles led to relief being granted. The decision is, obviously, specific to the rules relating to…
The issue of whether the “Denton” principles applied to applications for permission to appeal out of time were considered briefly by the Court of Appeal in Hart -v- Burbridge [2014] EWCA Civ 992 THE ISSUES The appellants appealed out of…
The first instance decision in Smailes -v- McNally (Re Atrium Training Service) [2013] EWHC 2882 (Ch) was looked at in detail in a previous post in October last year. It is worth noting that the Court of Appeal have overturned the…
One of the comments in Denton was that a “strict” construction of Mitchell led to disproportionate results. A judgment reported this week in Above the Law provides an example of how a judge can attempt to remedy continuous defaults. THE ISSUE:…
The Denton principles were mentioned, in passing, in the judgment of HHJ Moloney QC In NNN -v- DI [2014] EWHC B14 (QB). The defendant had been in default in serving a list of documents on the claimant. A peremptory…
The decision of the Court of Appeal in Wagenaar -v- Weekend Travel Ltd [2014] EWCA Civ 1105 was reported today. It contains important observations and decisions on qualified one way costs shifting, something that is likely to become a major…
The case of Hirtenstein -v- Hill Dickinson LLP [2014] EWHC 2711 (Comm) where judgment was given today contains many interesting lessons for those involved in professional negligence litigation in particular. Here I just want to concentrate upon two: (i)…
I have recommended before that litigators read the guidance for litigants in person. It provides useful insights for most litigators and covers most aspects of civil procedure. It is written by six Circuit Judges so it can be safely assumed…
The long awaited (and long delayed) guidance on hourly rates has been published. The Courts and Tribunals Judiciary commentary and guidance can be found here. The Committee’s letter to the Master of the Rolls is here The response of the…
In August last year I wrote Litigation after Jackson a 10 point Survival Guide. All of the points made in that post remain valid. I have added another 2 to deal with the situation post -Denton. The biggest danger, post…
The Mitchell and Denton cases were reviewed by Judge John Brooks in Meah -v- The Commissioners for Her Majesty’s Revenue & Customs [2014] UKFTT 708 (TC). The proposed appellant was three years late. The refusal of permission to appeal out of…
We have looked before at the question of what a defendant can argue in relation to damages after a judgment has been entered. A case reported today examines this issue in relation to judgment in a clinical negligence action. SYMES -V-…
I am grateful to Ashley Pratt of St James Chambers for his note of the decision of Mr Justice King in Johnson -v- Bourne Leisure on the 21st July 2014. King J granted relief from sanctions and allowed an appeal from the…
There is a brief report on Lawtel of the decision in Tanweer T/A the Auto Service Centre -v- UK Insurance & National Insurance & Guarantee Corp (Judge Mackie QC) QBD Merc 18/07/2014. The case is briefly reported and I hope…
There are limited number of cases where the parties can agree everything except who should pay the costs. There are dangers in leaving the question of costs to the judge, as the case of Spiller -v- Derhalli [2014] 2548 (EWHC)…
I have written before of the dangers involved in making without notice applications, particularly for freezing orders (“nuclear weapons that can blow up in your face”). There is an extremely high duty on the applicant to disclose all relevant matters…
Most of the articles about the Denton case focus upon the relief from sanctions and “clarification” of the principles in Mitchell. However the Court of Appeal made it clear that part of the focus of case management should be to…
In the hundreds of articles, blogs and commentaries on the decision in Denton the “dissenting” judgment is barely mentioned or considered. Whilst all three members of the court were in agreement that each of the appeals should be allowed there…
There are several posts on this blog which link to guides, articles and assistance on costs budgeting and Precedent H. Here there are several more recent links. The Construction of a Costs Budget is particularly instructive PREVIOUS POSTS One of…
In Denton -v- White; [2014] EWCA Civ 906. the Court of Appeal eschewed the use of the word “trivial” where a court is considering an application for relief from sanctions. Instead the Court stated that the focus should be on whether…
The Court of Appeal decision today in Mercer -v- Ballinger [2014] EWCA Civ 996 may appear to be an issue of esoteric civil procedure. However the decision is an important one with far-ranging practical consequences for a party seeking to…
