There are plenty of examples in this series of claimants establishing breach of duty but failing on causation, particularly in the clinical negligence context. the judgment of Clare Padley (sitting as a High Court Judge) in J & J Franks…
There are two matters of interest in the Court of Appeal judgment in R (On the Application Of) v Thanet District Council (Re Costs) [2023] EWCA Civ 526. Firstly the court’s rejection of an argument that the successful party had…
The judgment of HHJ Pelling in FG Financing Ltd & Anor v Lagun [2023] EWHC 126 (Comm) serves as a useful reminder of the limited period of time available to make an application to the first-instance judge for permission to…
On the 18th May 2023 at 4.00 pm my colleagues at Kings Chambers Matthew Smith and Andrew Hogan are presenting a webinar on costs and the administration of estates. “the consideration that professional advisers should generally be paid for their…
There is much for litigators to learn from the judgment of Mr Justice Fancourt in Forster v Reynolds Porter Chamberlain LLP [2023] EWHC 1150 (Ch). Here I want to concentrate upon one element of the case – the need to…
Contributory negligence is one of those issues that play a daily part of the life of the personal injury practitioner. The basic principles underlying findings of contributory negligence are rarely explored, however these can have profound practical implications for the…
The Court of Appeal judgment in Cranfield & Anor v Bridgegrove Ltd. [2003] EWCA Civ 656 was given 20 years ago today. One of the aims of that judgment was to clarify issues relating to service of the claim form…
The judgment of Mr Justice Ritchie in Smout v Wulfrun Hotels Ltd [2023] EWHC 1128 (KB) considers the question of the use of interest as a penalty for the poor conduct of a defendant. The judge held that interest should…
The judgment of HHJ Malek in Mehmood v AIG Europe Ltd & Anor [2023] EW Misc 1 (CC) is a classic – if not graphic – example of a failure to prove damages. The claimant made a claim for £123,000…
The judgment of Senior Costs Judge Gordon-Saker in Ikin -v- Shawbrook Bank Limited [2023] EWHC 1075 (SCCO) contains many, many lessons of importance for those drafting and those signing bills of costs. The judge found that there were manifold failures…
There are so many judgments dealing with the issue of late amendment that, as I have stated before, I often do not write about them – each being fact specific. However the Court of Appeal judgment in CNM Estates (Tolworth…
In Peterson & Anor v Howard De Walden Estates Ltd [2023] EWHC 929 (KB) the unfortunate claimant failed to fail the correct fee. The court declined to issue proceedings. Consequently the claim was out of time Mr Justice Eyre held…
This post arises out of an interesting question I was asked in a recent webinar on Part 36.* The questioner asked wanted to accept a Part 36 offer by one defendant and continue the action against others. The situation here…
I am grateful for the wonderful administrator on the North Eastern Circuit for giving me permission to copy the material they sent out today in relation to the Lincoln’s Inn film on becoming a barrister. It features interviews from practising…
Yesterday I gave a webinar on recent developments in Part 36*. Almost inevitably a new case was reported as soon as the webinar finished. Further that case addresses, directly, some of the interesting questions that arose in the webinar. In…
I am grateful to solicitor Bethan Parry from Browne Jacobson for sending me a note of the decision of HHJ Khan in Rix -v- Wall, the details of which are set out below. The note is interesting in that it…
There are a number of issues relating to service of the claim form in the judgment of Peter MacDonald Eggers KC (sitting as a High Court Judge) in Boettcher v (Xio (UK) LLP & Ors [2023] EWHC 801 (Comm). Here…
In Manek & Ors v 360 One WAM Ltd & Ors (Re Consequentials) [2023] EWHC 985 (Comm) Simon Rainey KC (sitting as a Judge of the High Court) declined to award rates that were higher than the Guideline Rates in…
In Danielewicz v Cannon & Anor [2023] EWHC 948 (KB) Master Thornett refused the claimant’s application for an order under CPR 38.7. The claimant had issued proceedings twice before, but discontinued those actions. The judgment contains a detailed consideration of…
In Tyers v Aegis Defence Services (BVI) Ltd & Ors [2023] EWHC 896 (KB) Mr Justice Martin Spencer allowed an application under Section 33 of the Limitation Act 1980 in a case where the proceedings were issued 7 years after…
The use of social media in litigation is now widespread. An understanding of how and why it is used is essential to the modern litigator. The webinar will looks the use of social media in the courts: examining the case…
In Rowbottom v The Estate of Peter Howard, Deceased & Anor [2023] EWHC 931 (KB) HHL Sephton KC (sitting as a High Court Judge) was critical of the role of one of the experts in the case. “A second reason…
The extension of fixed costs is a major topic. I will write about the practical implications when we are nearer to the implementation date. In the interim there are some useful links and guides. THE RULES The new rules…
In Wilson v Emmott [2023] EWHC 816 (KB) Mr Justice Saini (sitting with Senior Costs Judge Gordon-Saker as a costs assessor) rejected a lawyer’s appeal against a decision that the lawyer was only entitled to recover costs on the basis…
I am grateful to solicitor Jonathan Fuggle of Browne Jacobson for sending me a copy of the judgment in Rafferty -v- Royal Wolverhampton NHS Trust, a copy of which is available here 1460100_Rafferty v Royal Wolverhampton NHS Trust_Approved Judgment_31.05.22 (2). …
The judgment of Judge Brown, sitting as a Master of the Kings Bench, in Ascension Asset Management Ltd & Anor v Sky Solicitors Ltd [2023] EWHC 875 (KB) should be mandatory reading for any litigator who enters into a retainer…
In West Hertfordshire Hospitals NHS Trust v AX (Rev1) [2023] EWCOP 11 Vikram Sachdeva KC (sitting as a High Court Judge) refused an application for costs against a health authority. The judgment contains a review of the rules relating to…
This blog spends a lot of time looking at cases where things have gone wrong, for one reason and another. This webinar on the 25th April 2023 looks at the main problem areas in litigation and the practical steps that…
We looked at the judgment of HHJ Hodge QC (sitting as a High Court judge) in Wigan Borough Council v Scullindale Global Ltd & Ors [2021] EWHC 779 (Ch) in an earlier post on Proving Things. There is a subsequent…
In Beck & Ors v Police Federation of England and Wales (Re Costs) [2023] EWHC 685 (KB) Senior Master Fontaine held that the claimants should pay the costs of an – abandoned – application for a Group Litigation Order. “I…
I am grateful to Legal Executive Vanessa Brooks for sending me a copy of the judgment of HHJ Harrison in Thomas -v- Owen (21st March 2023, Cardiff County Court). It is another example of social media playing a part in…
In Free Leisure Ltd (t/a “Cirque Le Soir”) v Peidl And Company Ltd & Anor [2023] EWHC 792 (Comm) Charles Hollander KC, sitting as a High Court judge considered the appropriate course when the “facts” section of the claim form…
In Various Claimants v News Group Newspapers Ltd [2023] EWHC 827 (SCCO) Costs Judge Rowley made some observations on the use of the Guideline Hourly rates in a detailed assessment. These may well be the starting point, they do not…
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 in detail at the rules and practice…
An earlier post dealt with the judge’s decision in M v F & Anor [2022] EWFC. However there is a subsequent judgment that demonstrates an extraordinary response on the part of the expert involved. In a second judgment, M v F &…
In M v F & Anor [2022] EWFC 186 Recorder Reed set out the importance of an expert knowing, and complying with, the rules relating to the presentation of expert evidence. The judgment also emphasises the importance of the lawyers…
The principles relating to the court granting permission to a party to change expert were considered in detail by Mrs Justice O’Farrell in Avantage (Cheshire) Ltd & Ors v GB Building Solutions Ltd & Ors [2023] EWHC 802 (TCC). The…
The focus on the new rules on QOCS coming into force on the 6th April may lead to losing sight of some other changes. In particular the new rules and amendments to the Practice Direction in relation to accidents at…
In Williamson v The Bishop of London & Ors [2023] EWCA Civ 379 the Court of Appeal held that a person subject to a Civil Proceedings Order must obtain permission from the High Court so they could issue valid proceedings. …
The judgment of Andrew Sutcliffe KC, sitting as a High Court Judge, in Mate v Mate & Ors [2023] EWHC 806 (Ch) involves a consideration of several issues in relation to Part 36. The judge decided that a Part 36…
On the 12th April 2023 I am presenting a webinar on “Damages for pain and suffering”. Looking, in a detailed way at the practical issues that a litigator has to consider when dealing with awards for pain and suffering. The…
I am grateful to barrister Andrew McLaughlin for drawing my attention to the judgment of Mr Justice Freedman in Tiernan-Spratt & Anor v City Of Wolverhampton Council [2023] EWHC 811 (KB). It concerns a successful appeal. The judge at first…
I am grateful to barrister Andrew Ward for sending me a copy of the judgment of Mr Justice Eyre which was handed down earlier this afternoon. In Mantey -v- Ministry of Defenchttps://www.bailii.org/ew/cases/EWHC/KB/2023/761.htmle [2023] EWHC 761 (KB) a finding of fundamental…
The judgment of Mr Justice Baker in Holt v Allianz Insurance Plc [2023] EWHC 790 (KB) is another round in a long running battle between car hire companies and insurers. Whilst the insurer may have lost this round it is…
Many a salutary lesson can be learnt from the judgment of Mrs Justice Bacon in Cutlers Holdings Ltd & Anor v Shepherd And Wedderburn LLP [2023] EWHC 720 (Ch). It was a case about negligence in the conduct of litigation….
Issues relating to handwriting experts comprise a surprisingly large percentage of the search terms that lead to this blog. The question of the quality of such experts was considered by Master Clark in Watts v Watts [2023] EWHC 679 (Ch)….
In Evans v John Lewis Plc & Anor [2023] EWHC 766 (IPECP HHJ Melissa Clarke (sitting as a High Court Judge) had to compare and contrast two fictional dragons. The claimant failed to establish that the defendants’ dragon was so…
In Muhammad v Daily The News International & Ors (Rev1) [2023] EWHC 674 (KB) Master Cook determined a number of procedural issues. Here we look at two: (1) the failure to serve on a defendant properly; (2) the question of…
The new rules on QOCS come into force on the 6th April. Here is a review of the key points as to issue, the consequences and links to useful commentary. WHEN THE RULES COME INTO FORCE The key date…
There was some discussion on Twitter earlier this evening as to whether the cost of preparing bundles is recoverable at all. Since we have not had a case featuring a judicial complaint about bundles for several months* and “bundle cases”…
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