In Grierson v Grierson [2024] EWHC 3048 (Ch) Joanne Wicks KC (sitting as a Deputy Judge of the High Court) found that a claimant had made a Part 36 offer which the defendant had failed to beat. The offer was…
The judgment of HHJ Berkley in Melia & Anor v Tamlyn And Son ltd [2024] EWHC 3002 (Ch) has a number of interesting aspects in relation to the assessment of evidence. One of those things is the judge’s rejection of…
I am always reluctant to invade the patch of the many erudite family law bloggers. However I read the judgment of HHJ Trotter-Jackson in Wakefield Metropolitan District Council v A & Ors [2024] EWFC 345 (B) and concluded that it…
Hot on the heels of publishing the previous post in relation to the judge’s refusal to order a breakdown of the agency fees involved in a medical report I received a copy of a case from Ben Millns of Kennedys. …
I am grateful to Brian Dempsey of BD Costs for sending me a copy of the judgment of District Judge Iyer in the case of Craven -v- Henley, a copy of which is available here Craven -v- Henley. It is a decision…
In LI v FT (Maintenance Pending Suit: Costs) [2024] EWFC 342 Deputy District Judge Harrop made some important remarks in relation to the amount spent in bringing, and defending, an application for maintenance spending suit. “I am dismayed by what…
I am grateful to barrister Leslie Keegan for sending me a copy of the judgment of Mr Justice Nicklin in PMC -v- A Local Health Board [2024] EWHC 2969 (KB). It deals with important issues relating to the making of…
The judgment of Mrs Justice Hill in Attaei v Alsharif & Ors [2024] EWHC 2972 (KB) is the second case this month where an appeal has been allowed against a refusal to grant an adjournment. In this case, however, the…
This post looks at at an article by Sidney Butcher in the ABA publication “Views from the Bench: Tips for Young Lawyers on How to Make a Good Impression.” The Honorable Lynne Stewart, a District Court Judge and the Honourable Julie Robinson…
I am grateful to barrister Andrew Ward for sending me a copy of the judgment of Mrs Justice Yip in Fraser -v- Ministry of Defence [2024] EWHC 2977 (KB). It is a case where the claimant’s expert evidence on causation…
In Tait v Torbay and South Devon NHS Foundation Trust [2024] EWHC 2958 (KB) Master Sullivan considered whether the defendant’s defence was inconsistent with the matters set out in a detailed judgment that had been entered on liability and causation. …
In Samuels t/a Samuels & Co Solicitors v Henry [2024] EWHC 2898 (KB) Deputy Master Marzec found that the claimant failed to prove that the defendant was responsible for adverse online reviews. He also rejected the claimant’s application that the…
This webinar looks at the key cases relating to limitation, default and sanctions that have occurred in 2024. The aim is to look at problem areas to help litigators avoid problems in the future. Booking details are available here. THE…
In Wigglesworth v Beetson [2024] EWHC 2886 (Ch) HHJ Matthews (sitting as a High Court Judge) considered arguments that a failure to expressly challenge markings on a plan used by a witness meant that the evidence had to be accepted….
In A & V Building Solution Ltd v J & B Hopkins Ltd [2024] EWHC 2914 (TCC) Mr Roger Ter Haar KC considered the circumstances in which a successful party can go outside the scope of budgeted costs. “……
In McKnight v Chelsea Football Club Ltd [2024] EWHC 2884 (KB) Mr Justice Saini refused a defendant’s appeal against a decision where he was refused relief from sanctions when a defence had not been filed in time. The judge observed…
I have had enough cases for a webinar on service of the claim form since about February this year. Claim form issues have been a major part of the blog throughout 2024 (and there may be more to come…). This…
Attendance notes form a major part of a litigator’s armoury. They are important in keeping a record of what happened and what was said and in protecting the lawyer if disputes later arise. They play a crucial role when costs…
The Court of Appeal decision in T (Fresh Evidence on Appeal) [2024] EWCA Civ 1384 is an appeal in a family court case. It contains important observations in relation to attempts to adduce new evidence at the appeal stage. Equally…
In FXS v The Mulberry Bush Organisation Ltd [2024] EWHC 2844 (KB) Margaret Obi, sitting as a High Court Judge, considered issues of costs where a claimant had not succeeded in establishing negligence at trial but was successful on other…
The Court of Appeal judgment in Clapham & Ors v Narga [2024] EWCA Civ 1388 contains important observations about the interaction of the law of adverse possession and the Land Registration Act 2002. However, this being a blog about litigation,…
I am grateful to Simon Gibbs of GWS Costs for sending me a copy of the judgment of Costs Judge James in Kapoor -v- Johal [2024] EWHC 2853 (SCCO). The judge made findings of serious misconduct by the receiving party…
In EB Pension Fund & Ors v Froggatt [2024] EWHC 2721 (Ch) Mr Nicholas Thompsell (sitting as a Deputy Judge of the High Court) allowed an appeal where there had been a refusal to allow an adjournment. He held that…
In terms of preparation of client’s case, and prospects of success, witness statements are crucial. The rules only allow the witness to give additional evidence in exceptional circumstances. Many cases that go to trial are, in essence, about the credibility…
In Raja & Anor v ATM Law & Ors [2024] EWHC 2782 (Ch) the witnesses gave evidence (or attempted to give evidence) from inappropriate places, including a bus. The judgment of Master Clark shows the need to follow the correct…
In Robertson v Cornwall Council [2024] EWHC 2830 (KB) Mr Justice Linden dismissed an appeal in a case where the claimant had failed to establish liability at trial. The trial judge had found that the claimant had not established the…
In Cullen v Henniker-Major [2024] EWHC 2809 (KB) HHJ Ambrose (sitting as a Judge of the High Court) rejected the numerous allegations of fundamental dishonesty made by the defendant against the claimant. The case may be an object lesson in…
In Blue Manchester Ltd v Howard Kennedy LLP [2024] EWHC 2823 (SCCO) Costs Judge Nagalingham considered the issue of whether interim bills sent out under the terms of a discounted CFA. The judge found that interim bills rendered in these…
In EUI Ltd (t/a Admiral) v Smith [2024] EWHC 2803 (KB) Mr Justice Griffiths refused an expert’s application to strike out the case against him. He upheld the decision of the Circuit Judge and stated that the issues should go…
There are a number of important observations in the judgment of HHJ Pelling KC, sitting as a High Court Judge, in Viegas & Ors v Cutrale & Ors [2024] EWHC 2778 (Comm). In particular the reminder to commercial litigants that…
There are over a hundred posts on this blog about the subject of bundles. Problems occur everywhere, from the Supreme Court to the Employment Tribunal. We see another example in the judgment of Mr Justice Ritchie in Mok v Fitzmaurice…
We have seen some interesting cases on loss of earnings claims this year, with a claimant being found fundamentally dishonest, because of the way the claim for loss earnings was presented, an “unreliable” schedule leading to a claim for loss…
In Bond & Anor v Webster & Ors [2024] EWHC 989 (Ch) Master Bowles (sitting in retirement) granted an application to strike out parts of a witness statement that referred to an offer made at a without prejudice meeting. The…
In Blower v GH Canfields LLP [2024] EWHC 2763 (Ch) HHJ Matthews (sitting as a High Court Judge) rejected a claimant’s case on negligence against a firm of solicitors who had reached a settlement of an action against her and…
When matters get to trial the issue for the judge to determine is often that of witness credibility. Little thought is given by practitioners to how the judge is going to assess the credibility of witnesses, their own side’s witnesses…
This series continues the recap of the views from judges around the world and the advice they give to advocates. Here we look at the article from J. Frederic Voros, jr for the Utah State Bar: To Persuade a Judge,…
The case we looked at yesterday Corfield v Howard [2024] EWHC 2727 (Comm) provides an important reminder of a basic principle of the computation of time. A hearing was taking place on a Monday. The skeleton arguments were ordered to be…
In Corfield v Howard [2024] EWHC 2727 (Comm) HH Judge Davis-White KC (sitting as a Judge of the King’s Bench Division) reminded practitioners of the need for skeleton arguments to be filed in time accordance with court orders. …
In Ahmad v Ouajjou & Anor [2024] EWHC 2213 (Comm) HHJ Pelling KC found it was appropriate to make a peremptory order following the defendants’ failure to pay interlocutory costs orders. (This decision was considered in Ahmad v Ouajjou & Anor…
My colleagues Steven Turner and Andrew Hogan are presenting a free webinar on the 5th November on Non-Party Costs Orders. Booking details are available here. The webinar considers the law practice and procedure relating to non-party costs orders in the context…
A webinar on the 5th November looks at loss of earnings from the point of view of loss of benefits and pension claims. It is important that the very real value of “fringe” benefits is not overlooked when looking at…
I am grateful to my colleagues Sam Karim KC and Fay Collinson for pointing out the decision of BJB, In the Matter Of [2024] EWCOP 59 (T2). In that case HHJ Hilder granted the claimant’s application that she be released…
Australia and looking at the guidance given by the Hon Chief Justice Pat Keane in his keynote address to the Australian Lawyers Alliance Queensland State Conference in February 2013. (At the moment I cannot find a link to the original…
It is worthwhile highlighting one aspect of the judgment of Neil Moody KC (sitting as a High Court judge) in Winterbotham v Shahrak [2024] EWHC 2633 (KB), looked at in the previous post. The judge applied different multipliers to the claim. A…
There are many difficult issues facing a self-employed claimant making a claim for loss of earnings. This issue was considered by Neil Moody KC (sitting as a High Court judge) in Winterbotham v Shahrak [2024] EWHC 2633 (KB). …
There is a short footnote to the judgment of the Supreme Court in Tindall and another (Appellants) v Chief Constable of Thames Valley Police (Respondent) [2024] UKSC 33. It contains a warning to all of those advocates (that is probably…
In Oakwood Solicitors Ltd (Respondent) v Menzies (Appellant) [2024] UKSC 34 the Supreme Court overturned the Court of Appeal decision that the sending out an account and deducting costs from damages meant a bill had been “paid” for the purpose…
In the judgment today in Oakwood Solicitors Ltd (Respondent) v Menzies (Appellant) [2024] UKSC 34 the Supreme Court overturned the Court of Appeal decision. The upshot of this is that there will now be an assessment of the solicitor/own client…
ADVOCACY – THE JUDGE’S VIEW III: PREPARE PROPERLY AND SEE THE SCENE FOR YOURSELF: A VIEW FROM CANADA
As part of the repeated series looking at the advice that judges give to advocates (and how this relates to civil litigators in particular) we return to Canada. Judge Carol Baird Ellan collected the views of 12 of her colleagues…
In Ahmad v Ouajjou & Anor [2024] EWHC 2659 (Comm) Mr Justice Bryan granted the defendant an extension of time to comply with a peremptory order to pay costs. The application was made “ahead of time”. CPR 3.9 did not…
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