In the recent case of Keilaus -v- Houghton [2024] EWHC 2108 the claimant’s action failed because their solicitor failed to notice that the defendant’s solicitor had stated that they would accept service. The court had little, if any, sympathy for the…
The judgment of Mrs Justice Hill in Deng v Zhang & Anor [2024] EWHC 2392 (KB) shows a case with a whole history of errors and mishaps. The claimant failed to file a cost budget in time but obtained relief…
In ETM Contractors Ltd, R (On the Application Of) v Bristol City Council [2024] EWHC 2263 (Admin) refused the claimant’s applications for relief following late issue and lateservice of the claim form. The judgment contains a detailed exposition of why…
An issue I have seen periodically came up on LinkedIn yesterday. A defendant was complaining that there was a lack of co-operation by the claimant’s solicitor in failing to show them counsel’s Advice in relation to a claim brought by…
We have looked recently at a number of cases in relation to witness credibility. The judgment of HHJ Martin Picton in Palmer v Timms [2024] EWHC 2292 (KB) is a case where the primary issue at trial was the credibility…
Many cases emphasise the importance of social media in litigation. It has become an essential tool in the armoury of many litigators. An example can be seen in the judge of Mr Justice Mould in Wye Valley NHS Trust v…
I am grateful to my colleague Sarah Lawrenson for sending me a copy of the decision of Master Clark in Keilaus -v- Houghton [2024] EWHC 2108. It involves an action failing because the claimants’ solicitor failed to notice that the…
There is much for practitioners to read in the judgment of HHJ Paul Matthews in Taylor v Savik & Anor [2024] EWCC 7. However I want to isolate out the judge’s observations on CPR r.32.19. In particular the question of…
The previous post on Serra -v- Harvey [2024] EWHC 2250 (KB) has led to me finalising a (long-prepared) webinar on bundles. In Serra wasted costs were ordered on an indemnity basis against the claimant’s solicitors because the lateness and condition of the trial bundles. The bundles…
There are numerous cases on this blog about trial bundles. The issues never seem to end and have not been solved by the advent of the electronic bundle. This can be seen in the judgment of Deputy High Court Judge…
The result of clinical negligence cases sometimes rest on the views of expert witnesses. Sometimes it is the evidence of witnesses with different recollections of events. On many occasions it is the two issues combined. In Deakin-Stephenson v Behar &…
The latest Administrative Court Judicial Review Guide is now available and can be found here. It is dated October 2014 but was published yesterday – well ahead of time. I am simply highlighting two aspects of the Guide. ”…
We are returning to the judgment of Chief Master Shuman in In IlliquidX Ltd v Altana Wealth Ltd & Ors [2024] EWHC 2191 (Ch). This time looking at the issues relating to witness statements. There is a detailed consideration of the rules,…
We are looking again at the judgment of Mr Justice Julian Knowles in Allard v Govia Thameslink Railway Ltd [2024] EWHC 2227 (KB). This was looked at earlier in relation to the trial judge’s observations about the wholly inadequate counter-schedule. However…
In Bi -v- Tesco Underwriting Limited HHJ Sephton KC found that the claimant’s delay in issuing costs proceedings meant that the costs were subject to the fixed costs provisions and should be assessed at nil. I am grateful to barrister…
In Hughes Family Property Co Ltd & Anor v No Defendant [2024] EWHC 2288 (Ch) HHJ Paul Matthews (sitting as a High Court Judge) considered a case where the claimants wanted a declaration from the court, but believed that there…
In Madison Pacific Trust Ltd v Groza & Anor [2024] EWHC 2307 (Comm) Mr Justice Bryan pointed out an essential requirement for a solicitor who wants to come off the record. The Notice of Change has to give an address…
Last week I had the pleasure of giving a lecture, alongside many of my colleagues in the costs team in chambers. There were about 100 lawyers present, many with considerable experience. I was able to take a straw poll of…
In Jenkins v Thurrock Council [2024] EWHC 2248 (KB) Master Thornett revisited the principles considered in Worcester v Hopley [2024] EWHC 2181 (KB) It was held that the claimant’s unrealistic figures in a costs budget should lead to the claimant paying…
In The Mayor And Burgesses of the London Borough of Richmond v Trotman [2024] EWHC 2145 (KB) Mr Justice Kerr was critical of the claimant’s failure to consider the consequences of the defendant being bankrupt. Insolvency issues in litigation…