In Talos Capital Ltd -v- JSC Investment Holding Ltd (QBC 21/11/14)* Flaux J refused an application for an extension of time to acknowledge service and challenge the jurisdiction in circumstances where the delay was held to be deliberate and tactical….
In Merck KGaA -v- Merck Sharp & Dhome Corpe [2014] EWHC 3920 (Ch) Mr Justice Nugee considered what order should be made as to costs after a claimant had succeeded on a trial of a preliminary issue. The judge held…
In Walker -v- the Commissioner of the Police of the Metropolis [2014] EWCA Civ 897 the Court of Appeal considered the appropriate costs award when a claimant succeeded on appeal but the appellate court held that he should only recover…
There is a report on Lawtel *of the case of Owners of Motor Vessel Coal Hunter -v- Owners of Motor Vessel Yusho Regulus (QBD Admiralty 20/11/2014, Teare J) where the court considered an application for permission to rely on a…
There are now an increasing number of cases reported where the judge sets out expressly their views in relation to costs. These are important reading. A good example is the decision of Mr Justice Edwards-Stuart in Laing O’Rourke Construction Ltd…
The transcripts of cases in the Intellectual Property Enterprise Courts are often challenging reading. They regularly contain technical material which is difficult for the non-specialist to follow. However the case of John Kaldor Fabricmaker UK Ltd -v- Lee Ann Fashions…
The post earlier this week on the solicitor who went to great lengths to make up litigation led to the most visitors to this blog in one day. It also led to wide coverage on twitter. What was noticeable was…
In Re-Use Collections Limited -v- Sendall & May Glass Recycling Ltd [2014] EWHC 3852 (QB) H.H. Judge Davies made some important observations about drafting witness statements. It is positively unwise to “cross-reference” witness statements to the evidence of other witnesses…
There has been considerable controversy surrounding the decision not to implement “hybrid” Damages Based Agreements. There is now an e-petition calling for an open consultation on this issue. To view the petition click on the link above or here. Calls…
In Group M Uk Ltd -v- The Cabinet Office [2014] EWHC 3863 (TCC) Mr Justice Akenhead mad some important observations as to the liability to pay the costs of “interested parties”; the late serving of costs schedules; relief from sanctions…
In Rokvic -v- Peacock [2014] EWHC 3729 (TC) the claimant obtained an order for costs against the defendant even though the claimant had discontinued the action. It is, if anything, a warning to be totally precise in wording when making offers and…
There is a brief report on Lawtel of the case of Sharma -v- Quality Redfern Solicitors (Ch D Judge Behrens 19/11/2014). The decision concerns the striking out of a claim for breach of an order and the judge finding, on…
Along with Sarah Venn of Hardwicke Chambers I am talking on “Sanctions and How to Avoid Them” on the 3rd December 2014 at 5.30 pm at Hardwicke Chambers, Lincoln’s Inn, London. The talk is raising money for Crisis at Christmas…
There are several interesting aspects of the Court of Appeal’s decision in Assaubayev -v- Michael Wilson & Partners Ltd [2014] EWCA Civ 1491. One of the points is the power of the courts over non-lawyers providing legal and litigation services….
It would be a good idea for those involved in civil litigation to read the Crown Prosecution Service: Guidance on Expert Evidence. Many of the points in that guide apply, with equal force, to instructing experts in civil proceedings. It…
There is a very useful article in the Solicitors Journal on stress and litigation (to avoid hyperbole I will not use the word “brilliant” but it deserves it.) Hugh Koch analyse the sources of stress for litigants. This made me…
In Sugar Hut Group Ltd -v- AJ Insurance [2014] EWHC 3775 (Comm) Mr Justice Eder held that an offer of settlement had a major impact on costs even though it was not a valid Part 36 offer and the claimant…
The opening paragraphs of the judgment set out an almost unbelievable set of facts in Islamic Investments Company of the Gulf (Bahamas) Ltd -v- Symphony Gems NV & others [2014] EWHC 377 3777 (Comm). The judgment considered the consequences for…
An earlier post on the risks posed by the transitional provisions of QOCS led to several comments. One of those comments was the question whether you can get QOCS protection on appeal if the original CFA did not cover appeals….
In Renewable Power & Light Ltd -v- McCarthy Tetrault [2014] EWHC 3848 (Ch) Mr Justice Morgan held that a defendant was entitled to indemnity costs when a claimant discontinued a claim half way through a trial. Indemnity costs were awarded…
There is a brief report on Lawtel today of the decision of S Monty QC in In the matter of Bankside Hotels (Ch D 13/11/2014) Relief from sanctions was granted when a party was in breach of a peremptory order and failed…
In IT Human Resources PLC -v- Land [2014] EWHC3812 (Ch) Mr Justice Morgan considered when the limitation period started when there had been concealment by a defendant. It is an important example of s.32 of the Limitation Act 1980 in…
In Lie -v- Mohile [2014] EWHC 3709 (Ch) Mr Justice David Richards considered an argument that an appeal in an action that had not been allocated should be appealed to the Court of Appeal. THE ACTION This was a partnership…
The judgment is Hegglin -v- Persons Unknown & Google [2014] EWHC 3793 is looked in at detail in an earlier post. Many of the issues in that case are of considerable practical significance. It is worth distilling them. PART 18…
APPLICATIONS TO SET ASIDE DEFAULT JUDGMENT & THE MITCHELL/DENTON PRINCIPLES: ANOTHER HIGH COURT CASE
There are now several cases that deal with how the “Mitchell/Denton” principles effect applications to have judgment set aside. In Robinson -v- Kensington & Chelsea Royal London Borough (Sir Michael Tugendhat 03/011.204 QB)* a default judgment was set aside on…
In Hegglin -v- Persons Unknown & Google Inc [2014] EWHC 3793 (QB) Mr Justice Edis considered some interesting issues of costs management and costs capping. The short judgment is important reading in relation to the scope of Part 18 questions…
In the short supplementary judgment in Tchenguiz -v- Director of the Serious Fraud Office [2014] EWCA Civ 1471 the Court of Appeal stated that there is no general principle that indemnity costs in applications under CPR 31.22. However the judge’s…
The judgment of Stephens J in McGovern -v- Sharkey [2014] NIQB 117 contains some important observations in relation to the Bolam test and the role of evidence and experts in this context. It demonstrates that the credibility of a lay…
I have seen a few problems recently with the transitional provisions of QOCS. In essence if the claimant has entered into a conditional fee agreement at any time in the past then they cannot have the benefit of QOCS. A…
In The National Crime Agency -v- Perry [2014] EWHC 3759 Mr Justice Wilkie considered the issue of when mention of legal advice in a witness statement leads to waiver of privilege so the legal advice should be disclosed. THE ISSUES…
Civil practitioners may benefit from reading the observations of Mostyn J in J -v- J [2014] EWHC 3654 (Fam). It suggests that family lawyers may soon be subject to much more rigorous costs budgeting. There are also important observations about…
In Laughton -v- Shalaby [2014] EWCA Civ 1450 the Court of Appeal considered the issue of whether evidence of incompetence in other cases should be admitted in a claim for clinical negligence. THE APPEAL The claimant was appealing a decision…
In Globe Motors portugal-Material Electrico Para A Industria Automvel LDA -v- TRW Lucas Varity Electric Steering Ltd [2014] EWHC 3718 QB HH Judge Mackie QC considered witness evidence of routine business transactions that took place over a decade before. He…
The decision of H.H. Judge Mackie Q.C. in Geneisuj.Net Limited -v- Allianz Insurance Limited [2014] EWHC 3676 (QB) provides an object lesson in the analysis of evidence in a case where serious allegations were being made. THE ISSUES The claimant…
In Alpha Rocks Solicitors -v- Alade [2014] EWHC 3606 (Ch) Kevin Prosser Q.C., sitting as a judge of the High Court, struck out part of the solicitor’s bill as an abuse of process. The case makes instructive reading. It involved…
INSURER GOING BEHIND CLAIMANT'S SOLICITORS BACK TO SETTLE CLAIMS: APPEAL PENDING; INFORMATION NEEDED
Attached to this post is the judgment in Gavin Edmondson Solicitors Ltd -v- Haven Insurance [2014] EWHC 3062 QB . That judgment is being appealed, permission to appeal having been granted. Gavin Edmondson are asking for more information in relation…
Earlier posts have considered issues relating to witness statements and witness credibility. In particular the difficulties of appealing findings of fact. A helpful summary of the principles relating to appealing when a judge has made a finding in relation to…
The short judgment of Deputy District Judge Apthorpe in Gretton -v- Santander [2014]Ew Mic B52(CC) demonstrate that Denton is not an authority that states that relief from sanctions is easy to obtain. The claimant failed to serve and file its…
In the decision yesterday in Lord Chancellor -v- The former Partnership of Taylor Willocks Solicitors [2014] EWHC 3664 (QB) Globe J upheld a decision of Master Leslie refusing to grant the Lord Chancellor relief from sanctions. The decision is interesting…
We have looked at issues relating to witness credibility several times recently. However further apposite examples arise in the decision of Sales J in Avonwick Holdings Ltd -v- Webinvest & Shlosberg [2014] EWHC 3661 (Ch). In particular the major (and obvious) difficulties…
Earlier posts have looked at the issue of witness credibility in the context of civil trials. Here we look at the issue of witness evidence in the context of a multi million pound dispute between corporations. The judgment, given earlier…
We have already looked at one of the observations on experts by HH Simon Barker QC in Bacciotinni & Cook -v- Gotelle & Goldsmith [2014] EWHC 3257 Ch. There we looked at “over eager” experts. The judge also had something to…
It is essential that litigators have a keen understanding of how witness evidence is likely to be assessed at trial. Many trials take place precisely because there is a conflict of evidence between the witnesses. An example of a close…
Several preliminary remarks of HH Simon Barker QC in Bacciotinni & Cook -v- Gotelle & Goldsmith [2014] EWHC 3257 Ch underline the dangers of an “over eager” expert witness making comments which undermine their own evidence and taint the case…
In Frontier Estates -v- Berwin Leighton Paisner (Ch D 30/10/2014)* John Male QC upheld a decision not to grant an extension of time for service of the particular of claim. What makes this case important is that the application was…
In Cutler -v- Barnet (QBD 31/10/14)* Supperstone J held that an application for relief from sanctions could be heard even if it were not made formally in writing. THE CASE The defendant was resisting a claim for possession. She had…
Whilst blogs have not been around 20 years* Civil Litigation Brief has. Twenty years ago it was a monthly column in the Solicitors Journal (monthly now seems a leisurely timetable). It is interesting to see what was making the news…
In Blemain Finance Ltd -v- Mukhtar & Osman (28/10/14)* Globe J upheld a decision of the first instance judge refusing relief from sanctions. THE FACTS The claimant sought possession of the defendants’ home following a failure to pay. There was…
One of the most read posts on this blog was, in the middle of the Mitchell Madness period, when a judge struck out an action because the trial bundle had been lodged late. This issue was considered by Hickinbottom J…
In Platt -v- BRB Residuary Ltd [2014] EWCA Civ 1401 the Court of Appeal considered issues relating to the date of knowledge in the context of a claim for hearing loss. THE LAW The relevant sections of the 1980 Act…
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