I bought a copy of “The Savage Poodle: Tales from Legal Practice” from Wildys on Wednesday. I didn’t plan to review it, but then a plan hatched in my mind… THE BOOK The book consists of selected extracts from the…
I have been waiting for a while to see the transcript of the Court of Appeal decision in Briggs -v- CEF Holdings Ltd [2017] EWCA 2363 (Civ), some people have even written enquiring whether I have covered it. It is a…
In Fayad, R (On the Application Of) v The Secretary of State for the Home Department [2018] EWCA Civ 54 the Court of Appeal applied the Denton principles to a late appeal. Permission to appeal was refused. Mr Justice Singh had…
The Denton criteria were considered by Mr Justice Sweeney in Liverpool Victoria Insurance Company Ltd v Khan & Ors [2018] EWHC 94 (QB). These were considered in an an unusual context. There are allegations (and it must be stressed that these…
Given recent decisions on fundamental dishonesty this may be a good time to rake over some key points. “I assure the Committee that the way that the clause is drafted should not result in the courts using the measures lightly….
In Victory House General Partner Ltd v RGB P&C Ltd [2018] EWHC 102 (TCC) Miss Joanna Smith QC (sitting as a Deputy) was clear in her view that a claimant had used the Part 8 procedure inappropriately. “In my judgment this…
We have looked at “fact finding” by the courts many times. The fact finder in a family case has a particularly arduous and unenviable task . The judge has to assess evidence that is often highly charged, and where there…
The case of Crown House Technologies Ltd v Cardiff Commissioning Ltd & Anor [2018] EWHC 54 (TCC) highlights the dangers of waiting to serve evidence until the last moment. If it is served late then a party requires permission of the…
There is a brief report on Lawtel that highlights the need for compliance with the rules relating to witness statements. The issue of failing to give sources of information and belief has been dealt with several times on this blog….
I am grateful to Dominic Regan for providing a precedent that allows the parties to extend time for compliance prospectively and retrospectively. THE ISSUE During a discussion on Twitter Dominic mentioned that some courts were habitually making orders that allowed…
I am grateful to Benjamin Petrecz, Associate and Costs Lawyer at Keoghs LLP, for bringing my attention to a decision of Master Rowley in Tucker -v- Griffiths & Hampshire Hospitals NHS Foundation Trust (19/05/17) in relation to costs budgeting. A…
Many of the issues that have been looked at in the Proving Things series have been in relation to failures to prove substantial issues, or substantial sums. However the need to prove things is a universal requirement. I want to look…
In Contact (Print And Packaging) Ltd v Travelers Insurance Co Ltd [2018] EWHC 83 (TCC) His Honour Judge Stephen Davies (sitting as a High Court Judge) considered (and rejected) a claimant’s claim for damages for interruption to its business. It is…
In Foreman v Williams [2017] EWHC 3370 (QB) Peter Marquand (sitting as a High Court judge) considered the application of the Denton principles in an unusual context. The claimant required relief from sanctions because he was unable to serve documents on…
In London Organising Committee of the Olympic And Paralympic Games (LOCOG) v Sinfield [2018] EWHC 51 (QB) Mr Justice Julian Knowles overturned a decision whereby a claimant was allowed damages. The claimant had been fundamentally dishonest in making a claim for…
It is worthwhile repeating, and thinking about one part of the judgment of Master Leonard Douglas v Ministry of Justice & Anor [2018] EWHC B2 (Costs). “… the cost of preparing witness evidence will normally be recoverable as part of the cost…
I am grateful to Alan Mendham for writing to point out a possible trap in relation to costs budgeting and mediation. Alan points out that disputes can arise as to whether mediation is included in the phase for settlement…
In Douglas v Ministry of Justice & Anor [2018] EWHC B2 (Costs) Master Leonard considered the issue of the recoverability of costs of attending an inquest. There is a highly nuanced approach. The issues raised are of more general relevance in…
In this series about a judge’s guide to advocacy I looking at – and recommending – “A Life of Crime” by (Sir) Harry Ognall (plain “Harry Ognall” on the front page of the book). Unlike a lot of memoirs this…