In assessing a case, and the evidence of both sides, litigators have to be aware of the process of “litigation wishful thinking”. Witnesses may be perfectly honest, but their memories as to what happened are influenced by what they wish would have…
Judges regularly complain that witness statements are inadequate and do not contain sufficient information, alternatively that they contain much information that is irrelevant and the witness is unable to give. This webinar looks at how practitioners can avoid basic errors…
MANCHESTER IS NOT THE APPROPRIATE VENUE FOR SOMETHING THAT HAPPENED IN NORFOLK: THE CASE GOES SOUTH…
In Bartosik, R (On the Application Of) v Office of the Police & Crime Commissioner for Norfolk [2024] EWHC 932 (Admin) Mr Justice Fordham held that the Administrative Court in Manchester is not the appropriate venue for a dispute over…
The judgment of Mr Justice Ritchie in Jaiyesimi v Kukoyi [2024] EWHC 164 (KB) has many important lessons for litigators. Firstly the need for the fee to be paid in order that an application is properly made. Secondly the dangers…
In Upham & Ors v HSBC UK Bank PLC [2024] EWHC 849 (Comm) Mr Justice Bright considered the losses said to be suffered by a number of claimants who had invested in a tax deferment scheme. Most of the claimants…
DEFENCE AND COUNTERCLAIM STRUCK OUT BECAUSE THE DEFENDANT RELIED ON WITHOUT PREJUDICE COMMUNICATIONS
In West v Churchill & Anor [2024] EWHC 940 (Ch) HHJ Keyser KC (sitting as a High Court Judge) struck out a defence and counterclaim that referred to without prejudice negotiations and correspondence. There had been no agreement reached between…
In Lloyds Developments Ltd v Accor HotelServices UK Ltd [2024] EWHC 941 (TCC) Mrs Justice Jefford considered a claimant’s application for an extension of time to comply with a peremptory order which was made 3 minutes prior to the time…
COST BITES 148: THE JUDGE WAS RIGHT TO ORDER COSTS TO BE PAID IMMEDIATELY AFTER A TRIAL ON LIABILITY
In Lorimer-Wing v Hashmi [2024] EWHC 931 (Ch) Mr Justice Edwin Johnson upheld a decision that a defendant should pay costs forthwith following a trial of a preliminary issue at which the claimant was successful. “The difficulty which confronts…
A week or so ago this blog disappeared. Well the blog was still here but every word of content had gone. The technical problem that caused this was solved within hours by my friends at the Big Yellow Workshop. What…
This blog often looks at cases where litigation has gone wrong, be it limitation, service or someone falling foul of the rules or court orders. One of the saddest aspects of many of these cases is that if prompt and…
In Supponor Ltd & Anor v AIM Sport Development AG [2024] EWCA Civ 396 the Court of Appeal resisted attempts (by both parties) to re-open key issues after a draft judgment had been sent out. “The primary purpose of this…
The significance of unchallenged expert evidence at court was considered by the Administrative Court in Fitzgerald v CPS [2024] EWHC 869 (Admin). Although this is a criminal case it considers the authorities in civil actions and the central point that…
In ISG Retail Ltd v FK Construction Ltd [2024] EWHC 878 (TCC) Neil Moody KC, sitting as a Deputy High Court Judge, considered the question of whether a case was suitable for Part 8 determination. He decided that there were…
The issues arising from many of the cases looked at on this blog are being considered in a series of webinars starting later this month. The webinars cover many of the problem areas of litigation: what to do when things…
Yesterday I wrote about a case where a judge made strict case management orders in an attempt to deal with an action brought by multiple claimants. The issue of multiple parties was considered today by the Court of Appeal in…
I am grateful to solicitor Stratos Gatzouris from DWF law for sending me a copy of the judgment of HHJ Catherine Brown in the case of Jerrom -v- Serco Leisure Operating Ltd (Canterbury County Court 12th February 2023). It is an…
In Niprose Investments Ltd & Ors v Vincents Solicitors Ltd (Professional negligence) [2024] EWHC 801 (Ch) HHJ Hodge KC (sitting as a High Court Judge) considered some of the issues where 35 claimants attempted to plead their claim on one…
In South Tees Development Corporation & Anor v PD Teesport Ltd [2024] EWHC 842 (Ch) Mr Justice Rajah determined issues relating to the costs of an action where the defendant had been largely successful. A Calderbank offer from the Defendant,…
In Moonbug Entertainment Ltd v CCM Touring LLC & Anor [2024] EWHC 793 (Comm) Mr Justice Andrew Baker found that the defendants had submitted to the jurisdiction by their conduct. Further the defendants required relief from sanctions. The judge held…
In Justice Investments Ltd v Visalia Enegia SL (t/a Nace) [2024] EWHC 815 (KB) Master Dagnall considered the question of whether judgment in default should be entered for a specified sum. The Master held that the fact that the claimant…
In Cotham School v Bristol City Council & Ors (Ruling on Costs Budgeting) [2024] EWHC 824 (Ch) HHJ Paul Matthews (sitting as a High Court Judge) stated that a litigant in person was to provide a costs budget. The litigant…
I am grateful to barrister James Miller for sending me a copy of the decision of HHJ Saggerson in Amini-Edu -v- Esure Insurance Company Ltd (8th March 2024). A copy of the transcript is available here. ENA AMINU-EDU COSTS JUDGMENT…
One of the aims of this series is to look at costs issues that would not normally be examined. This is so practitioners can get a “feel” as to what actually goes on in court. A good example of this…
The means of assessment of fatal accident damages is not set out in the Fatal Accident Act, but is set out in case law. A knowledge of the case law is essential to all those involved in fatal accident litigation. …
The Guideline Hourly Rates changed on 1st January 2026. These are set out below. The 2025 and 2024 rates can be found underneath. Guideline hourly rates 2026 (with previous year’s rates in brackets) Grade Fee Earner London 1 London 2…
In Williams v Williams [2024] EWHC 733 (Fam) Sir Andrew McFarlane refused to set aside a final divorce order when the order had been made due to a mistake by the applicant’s solicitors. It is a clear example of the…
In the judgment given today in Williams-Henry v Associated British Ports Holdings Ltd [2024] EWHC 806 (KB) Mr Justice Ritchie dismissed the claimant’s claim as being fundamentally dishonest. The judgment contains a detailed consideration of the issues relating to the…
There have been two cases recently where the courts have made comments about the costs of litigation in disputes between family members. Whilst the participants may each think themselves more sinned against than sinning, it is always prudent to consider…
I keep intending to write more about issues of costs in family cases. Not because I want to delve into the intricacies of family law, but because issues of costs have major ramifications for both the clients and practitioners. Even…
In Taylor v Savik & Anor [2024] EW Misc 15 (CC) HHJ Paul Matthews considered the question of whether a jury trial should be ordered in a civil trial. The judgment contains a detailed consideration of the legislation and case…
We have looked before at problems caused by Artificial Intelligence being used in court. It is worthwhile looking at the Courts and Tribunals Judiciary publication “Artificial Intelligence (AI) Guidance for Judicial Office Holders. It shows some of the dangers in…
There are numerous, indeed hundreds, of posts on this blog that deal with the difficulties that can arise in relation to witness statements and witness evidence. Often it is a failure to address basic and fundamental points in relation to…
Recent social media interest in a post I first wrote in April 2017 has led me to repeat it. The post concerned an aspect the Supreme Court decision in Times -v- Flood [2017] UKSC 33 that did not made the…
In Agia v Skipton Building Society [2024] EW Misc 14 (CC) HHJ Malek considered a novel point relating to limitation. A limitation period cannot be “re-opened” by a customer making a demand on a bank many decades after a cheque…
The post earlier this morning about witness evidence in a case where the Particulars of Claim had been signed by a solicitor has raised some interesting observations. Not least commentators have observed that it is, to say the least, profoundly…
In Advantage Insurance Company Ltd v Harris [2024] EWHC 626 (KB) HHJ Russen KC (sitting as a High Court Judge) found that a claimant in a personal injury action had been in contempt of court for making false statements. It…
This webinar is designed to ensure that litigators avoid the potential pitfalls of fatal accident litigation and take positive steps to ensure an action runs smoothly. Booking details are available here. MATTERS THAT ARE COVERED Limitation in fatal cases…
In Asturion Foundation v Alibrahim [2024] EWHC 757 (Ch) Mr Justice Adam Johnson made two decisions in relation to interest on costs. He awarded pre-judgment interest on costs at 2% above base rate (it was calculated that the interest amounted…
The 165th update to the Practice Direction comes into force on the 6th April 2024, alongside the 163rd amendment looked at in the previous post. The amendments can be found here. This Practice Direction deals with adding VAT to fixed…
There are a number of amendments to Practice Directions coming into force on the 6th April 2024. Details of the 163rd update can be found here. OVERVIEW By way of overview the amendments relate to Civil restrain orders. (New…
In Alvina Collardeau v Michael Fuchs & Anor [2024] EWHC 642 (Fam) Mrs Justice Knowles summarily assessed the costs a committal application. The judgment is an interest example of the summary assessment of costs, with substantial reductions being made to…
In ABFA Commodities Trading Ltd v Petraco Oil Company SA (Re Consequential Matters) [2024] EWHC 706 (Comm) Mr Justice Foxton found that the normal Part 36 consequences should follow when a party (the effective claimant in the action) had beaten…
Following a recent post on the length of skeleton arguments someone kindly sent me a link to the judgment of Commercial Court Judge Adrian Jack in WWRT Ltd -v- Caroson Trading et al, a decision in the Eastern Caribbean Supreme…
You may expect me to write about the retirement today of the Designated Civil Judge for Leeds and Bradford, HHJ Mark Gosnell. He has, after all, been providing material for the blog for many years, on costs, evidence, procedure and…
The judgment of Deputy Master Grimshaw in Al Tarboush v Cassam [2024] EWHC 639 (KB) shows two things: (i) the limitations of the wasted costs procedure; (ii) the major procedural problems that can arise in the course of a case…
In Brealey v Shepherd & Co Solicitors [2024] EWCA Civ 303 the Court of Appeal upheld a decision that a solicitor Executor could not charge for legal work done in the absence of a charging clause in a will. Although…
In Hassam & Anor v Rabot & Anor [2024] UKSC 11 the Supreme Court rejected the defendant’s appeal against the way in which damages are assessed. It upheld the the majority view of the Court of Appeal that the Civil…
We are looking again (and not for the last time) at the judgment of Mr Justice Martin Spencer in Rainer Hughes Solicitors v Liverpool Victoria Insurance Company Ltd & Ors (Rev1) [2024] EWHC 585 (KB). The decision to make a wasted costs…
This webinar looks at the essential elements of a claim for damages in fatal accident litigation, considering all the information necessary to draft a credible schedule. The webinar includes a detailed checklist for fatal schedules in addition to some draft…
In Winchester Park Ltd v 1 Palace Gate Freehold Ltd [2024] EWHC 661 (Ch) Mr Justice Adam Johnson dismissed a defendant’s appeal on the issue of relief from sanctions. He held that the judge below was entitled to refuse to…
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