A “fish file” is a file that has been left for so long it has started to smell. Consequently the litigator avoids it and it gets smellier and smellier. These files are always ripe. Ripe, that is, for problems to…
With the speed in which modern litigation is conducted it is often difficult to pause and reflect, let alone look back to assess whether experts from the past can assist. For some time I have been looking for a copy…
In Utilise -v- Cranstoun [2014] EWHC 834 (Ch) Judge Hodge QC, sitting as a judge of the High Court, considered another issue arising out of the Mitchell criteria – in essence what is the effect of two trivial breaches on…
In Haley -v- Siddique [2014] EWHC 835 (Ch) Judge Hodge Q.C., sitting as a judge of the High Court, considered issues arising from a striking out order made of the court’s own motion. His judgment states that the case provides…
At a time when increased resources are promised to the court it is interesting to read the observations in the Canadian Courts of Brown J in the case of Broome Financial Corporation -v- Bank of Montreal 2014 ONSC 2178 (CanLII). Essentially…
In Medical Supplies and Services Ltd -v- Acies & Gosling [2014] EWHC 1032 (QB) the claimant came to grief because of a failure to comply with a peremptory order for disclosure. Relief from sanctions was refused. It provides another object…
There has been considerable discussion about whether the requirements to lodge a costs budget applies to Part 8 cases. Part 8 cases are automatically allocated to the Multi Track and the requirements to lodge a budget was thought to apply….
Most of the burden of complying with time periods and court orders lies with the solicitor. However a solicitor’s life can be made easier by making sure that all those concerned with the litigation process know of the deadlines involved…
There has been some discussion about whether, and when, the Civil Procedure Rules will be amended to allow the parties to agree to vary directions. I am grateful to Katherine van Aardt of Plxus Law for sending me information which…
A post yesterday reviewed the comments on witness statements made in the Jackson Report. One major criticism was that witness statements were being used to advance matters of opinion and not fact. A case decided yesterday exemplifies that problem. It…
Reports of decisions in relation to procedure, particularly relief from sanctions, are always welcome. I am grateful to Simon Young of Kings Chambers for his report of the case of Cook -v- Danter. It is a case where a circuit…
The Jackson Reforms made only minor amendments to the rules relating to witness statements. However the Reports, particularly the Preliminary Report, disclosed a real issue in relation to over-extensive report. THE “TWO NATIONS” OF WITNESS STATEMENTS The preliminary report demonstrated…
This blog now has around 10 times more followers than it had a few weeks ago. If you follow the blog (which is free) you will receive any new posts directly into your e-mail. There are, however, a few points…
Both Jackson reports considered that case management was closely allied with costs management. Here I want to look at two aspects – the need for a realistic timetable and agreements to extend time. DIRECTIONS MUST BE REALISTIC At 6.5 of…
There has been considerable controversy on the issue of whether costs budgeting actually leads to a reduction in costs. In this anniversary month it is worthwhile looking back at the report. In particular the question of whether costs budgeting would…
I am grateful to Michael Ditchfield of Kings Chambers for his sending me details of a recent appeal where the Circuit Judge overturned a decision where, initially, relief from sanctions had been granted. This emphasises the point that, although the…
Relief from sanctions was granted by Mr Justice Globe in the case of Chartwell Estates -v- Fergies and this has been discussed, at length, in earlier posts in this blog. The Court of Appeal dismissed the defendant’s appeal today. Reasons…
How to Get Sued, Make a Loss and Be Miserable was a surprisingly popular talk I gave several years ago. I have now updated it to deal with developments post Jackson & Mitchell. Unsurprisingly it now has much more…
I am picking up on a point in Kerry Underwood’s article on Rules of Survival. In that article he emphasised the need for a client to “pass a test” of being able to be “Mitchell compliant” before the client is…
Court fees are due to increase. Here are links to the relevant posts and articles that may assist in assessing the impact of the increases. LINKS The written Ministerial Statement The official Government press release The Law Society Gazette article…