In Azhar v All Money Matters t/a TFC Home Loans [2023] EWCA Civ 1341 the Court of Appeal rejected a defendant’s argument that it should have been permitted to raise a “new” point on appeal. The matter upon which the…
The repost last week of a case where key facts came to light on the third day of a trial led me another post on the topic which is worth revisiting. After the first post was written I asked lawyers if…
As part of the process of re-blogging posts that remain of general interest we are looking again at the case of Jollah, R (On the Application Of) v Secretary of State for the Home Department (No. 2) [2017] EWHC 2821 (Admin)…
Several kind people have sent me a copy of the decision in Abbott & Ors v Ministry of Defence [2023] EWHC 2839 (KB). This is an unusual case because, despite the claimant and defendant being in agreement, the court did…
In Amjad v UK Insurance Ltd [2023] EWHC 2832 (KB) Mr Justice Ritchie overturned a decision that the QOCS cap should be lifted in relation to a claimant who had failed to beat the defendant’s Part 36 offer and who…
There is a report of an interesting decision of Master McCloud in Yelland -v- Space Engineering Services Ltd [2023] EWHC 2823 (KB). The report is from Sean Linley of Carter Burnett and can be read here. There is a link to…
This is a part of the series revisiting previous posts. Here we go back to November 2018. The question was asked – does how you dress affect how you are perceived? This followed a tweet (from the USA) where a …
We are returning to the issue of detailed assessments, albeit solicitor and own client assessments. In Turner v Coupland Cavendish Ltd [2023] EWHC 2721 (SCCO) Costs Judge Rowley dismissed an application for disclosure of recordings of telephone conversations between the…
The short judgment of HHJ Mark Pelling KC in Hua She Asset Management (Shanghai) Co Ltd v Hung & Anor [2023] EWHC 2445 (Comm) highlights several things which have been the subject of many posts on this blog: (i) a…
In South Tees Development Corporation & Anor v PD Teesport Ltd & Anor (Re Costs) [2023] EWHC 2270 (Ch) Mr Justice Trower rejected an argument that a payment of account should not be made because the schedule in support was…
We have seen some “interesting” submissions in relation to costs on this blog. However one of the most novel is the point taken by the Third Party in South Tees Development Corporation & Anor v PD Teesport Ltd & Anor…
We are continuing with the series looking at detailed assessments by returning (not for the first, nor last) time to the judgment of Costs Judge Leonard in Allseas Group SA, R (On the Application Of) v Sultana [2023] EWHC 2731 (SCCO). The…
In Lufthansa Technik AG v Panasonic Avionics Corporation & Ors [2023] EWCA Civ 1273 the Court of Appeal addressed the difficult issue of when a breach led to a need to apply from relief from sanctions. It found that, on…
Solicitor and own client costs disputes have featured on this blog many times. There have been several major cases in recent months. The issue of the information given to the client and their understanding of how, and how much, they…
I am grateful to Sam Hayman from Bolt Burdon for sending me a note of the judgment of Master MCloud in Trotman -v- Master Brickwork London Essex Limited, a copy of which is available here. Trotman – final judgment of…
We are continuing with the series where we look closely at what can happen at a detailed assessment and return to the judgment of Cost Judge James in HD v Northern Devon Healthcare NHS Trust [2023] EWHC 2118 (SCCO). The judge…
The Court of Appeal judgment today in Clements-Siddall v Dunbobbin Hotels Ltd [2023] EWCA Civ 1300 is a rare example of the Court of Appeal overturning a judge’s findings on the facts. It is also an example of the importance…
As part of the series looking closely at the judgment of Costs Judge Leonard in Allseas Group SA, R (On the Application Of) v Sultana [2023] EWHC 2731 (SCCO). The judgment also contains a consideration of the factors affecting the assessment…
In Olukoya v Riverbrooke Solicitors Ltd [2023] EWHC 2771 (SCCO) Costs Judge Leonard assessed a solicitor’s bill as nil. The judge found that there was a binding contractual agreement as to the sums payable by the client following an informal…
In Orji & Anor v Nagra & Anor [2023] EWCA Civ 1289 the Court of Appeal overturned a decision that an action should be struck out as an abuse of process. The Court rejected the defendant’s contention that the action…
It is surprising how few legal practitioners have actually been to a detailed assessment hearing, my own enquiries suggest it is a tiny fraction of litigators. A much higher percentage, however, have had cause to comment, possibly complain, about the…
Now that we have reached 100 it is a good time to revisit the basic issue of how the court assesses witness credibility. We are therefore looking at the basic guidance given in Gestmin SGPS SA v Credit Suisse (UK) Limited…
The judgment of Deputy District Judge Batstone in Amanda Seafood PTE Ltd v Sykes Seafood Ltd [2023] EW Misc 13 (CC) illustrates the care that needs to be taken when attempting to call a witness who is giving evidence remotely…
We are looking at the second part of the decision in Doyle v HDI Global Specialty SE [2023] EWHC 2722 (KB). The post yesterday looked at the decision in Doyle. Here we look at the judgment in Rowe, the other case…
In Allseas Group SA, R (On the Application Of) v Sultana [2023] EWHC 2731 (SCCO) Costs Judge Leonard emphasised the point that records of conferences and important steps in a case are important in relation to the assessment of costs….
The judgment of Mr Justice Freedman in Doyle v HDI Global Specialty SE [2023] EWHC 2722 (KB) shows a surprising set of facts when an expert wrote directly to the court. The expert made it clear that he was not…
The “slip rule” in civil procedure is often mentioned, but rarely considered at length. There is a detailed consideration of the rule and relevant authorities in the judgment of Mr Justice Henshaw in Deutsche Bank AG v Sebastian Holdings Inc…
Early next year I am presenting a series of eight webinars on personal injury damages. The series looks at the major heads of damages for personal injury and clinical negligence cases, with a particular emphasis on those claims in the…
In The One Collection Real Estate Ltd v Insolvency & Law Ltd [2023] EWHC 2673 (Ch). HHJ Kramer held that a winding up petition should be issued and heard in the circuit that has closest links to the case. A block policy…
Here we take a look back at the old, old, days of 2017. There was a suggestion there be a “Halloween” post for lawyers – what scares the legal profession most? . Having taken up the challenge I then promptly delegated…
In Wambura & Ors v Barrick TZ Ltd & Anor [2023] EWHC 2582 (KB) Master Stevens rejected the claimants’ application to call an expert. The judge contains a detailed consideration of the law and authorities relating to the court’s discretion…
We are returning to the judgment of Senior Costs Judge Gordon-Saker in Kenton v Slee Blackwell PLC [2023] EWHC 2613 (SCCO) looked at in the previous post. That judgment also contained a detailed review of the authorities relating to the significance…
The judgment of Senior Costs Judge Gordon-Saker in Kenton v Slee Blackwell PLC [2023] EWHC 2613 (SCCO) provides an object lesson in the perils of the clear warnings and advice that clients have to be given in relation to costs….
The judgment of HHJ Pearce in Shobeiry v Patel [2023] EWHC 2549 (KB) shows how failing to comply with the rules can lead to major problems in relation to hearings. Here there was non-compliance with the rules relating to bundles,…
I have been kindly sent a message from Tim Lord KC which sets out observations made by Miles J in relation to Practice Direction 40E., in particular 4.4.. The Practice Direction deals with the handing down of judgments. 4.4. imposes…
I am presenting a webinar on drafting Schedules on the 9th November 2023. Booking details are available here. “In the event, the Original Schedules of Loss were shown to be quite unreliable and, in many respects, bore little or no relation…
I am grateful to Sam Hayman from Bolt Burdon Kemp for sending me a copy of the decision of Mr Justice Freedman in The Scout Association -v- Bolt Burdon Kemp [2023] EWHC 2575 (KB). On appeal Freedman J upheld the…
The Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023 increases the capital and income limits for fee remission from the 27th November 2023. The Order is available here. The explanatory notes are set out below. CAPITAL CHANGES…
In Diag Human SE & Anor v Volterra Fietta (Re Assessment Under Part III Solicitors Act 1974) [2023] EWCA Civ 1107 the Court of Appeal upheld earlier judgments that solicitors, acting under a conditional fee agreement that claimed more than…
It is ten years since the publication of the Handbook for Litigants in Person. It can be found here. I wrote about it, briefly, when it was first published. Although there have been some procedural changes since the section on…
The judgment of Mr Justice Turner in Glaser & Anor v Atay [2023] EWHC 2539 (KB) is one that needs to be looked at by every barrister involved in direct access work, and their clerks. The judge found that a…
Working remotely can give rise to additional pressures on litigators, particularly in relation to procedural issues and dealing with problems that occur in litigation and with clients. This webinar looks at the major pitfalls that can occur in personal injury…
Normally I use first-hand judgments to write about cases. However I think it important to point people towards the case reported by PIC Legal “Time for a Retainer Review”. This reports on the judgment of Costs Judge James in IXG (by his…
In the judgment given today in Soares v Wilson [2023] EW Misc 11 (CC) HHJ Luba KC rejected an application that costs be paid by a non-party. The defendant’s application that a PLC pay the costs of the action because…
In Telford And Wrekin Council v Secretary of State for Levelling Up, Housing and Communities & Anor [2023] EWHC 2439 (Admin) Mr Justice Eyre held that a claim form had been served late. Further the claimant did not come within…
In Hope Capital Ltd v Alexander Reece Thomson LLP [2023] EWHC 2389 (KB) Mr Justice Constable found that the claimant had suffered no loss. This could be an expensive loss for the claimant, after a seven day trial. “”For these…
The fixed costs provisions provide a “London Weighting” of an additional 12.5%. “London” has a specific meaning as defined in the Practice Direction set out below. CPR 45.3 Additional costs for work in specified areas (‘London weighting’) 45.3.—(1) Where…
We are continuing with our bite sized examination of the fixed costs regime by looking at CPR 45.13. This allows the court to reduce, or increase, the fixed costs for “unreasonable behaviour”. The rule appears only to allow this variation…
The rules make provision allowing the court to award a higher sum for damages when a party, or witness is vulnerable. However there are significant caveats. It must be the vulnerability that has required additional work to be undertaken and the…
One of the issues decided by Mr Justice Mellor in Crypto Open Patent Alliance v Wright [2023] EWHC 2408 (Ch) related to the attempts by a party (COPA) to adduce expert evidence from other trials by way of hearsay evidence…
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