Another aspect of the judgment in Duke of Sussex & Ors v MGN Ltd (Re Costs) [2024] EWHC 274 (Ch) was the defendant’s conduct in serving a notice of non-admission. Service of the notice led to considerable extra costs being incurred. …
In Duke of Sussex & Ors v MGN Ltd (Re Costs) [2024] EWHC 274 (Ch) Mr Justice Fancourt made some complex costs orders in relation to the litigation. However the fundamental point was that parties that the claimants that failed…
The judgment of Mrs Justice Arbuthnot in KS v VS [2024] EWHC 278 (Fam) shows why it is important that family lawyers are fully aware of the principles relating to inter-partes costs orders and also the procedures governing summary assessments. …
In Hamsard One Thousand And Forty-Three Ltd v AE Insurance Brokers Ltd [2024] EWHC 262 (Comm) the claimant failed to establish its case. The judgment shows many issues with the claimant’s evidence, in particular the problems that flowed from issues…
A webinar on the 15th February looks at accommodation and appliance claims in personal injury cases. Booking details are available here. THE WEBINAR Claims for accommodation and appliances are a major part of many serious claims. Here…
I am grateful to barrister Tom Morris for giving me details of the judgment of Mr Justice Fancourt in Jacobs v Chalcot Crescent (Management) Company Ltd [2024] EWHC 259 (Ch). It is an important case about statements of case. The…
Another change being introduced on the 6th April 2024 is a change (or possibly clarification) in relation to to the number of pages in an expert report in the Intermediate Track. The substantive report is still limited to 20 pages….
In YM (Care Proceedings) (Clarification of Reasons) [2024] EWCA Civ 71 the Court of Appeal issued a clear warning about the misuse of the practice of “seeking clarification” from the judge following a judgment. The decision is aimed specifically at…
Yesterday we looked at a case where the judge held it was inappropriate for the court to add a penal notice to an existing order. The rules relating to penal notices are changing on the 6th April as a result…
In Wintermute Trading Ltd v Terraform Labs Pte Ltd [2024] EWHC 141 (KB) Mr Justice Lavender considered whether it was appropriate, on the facts of this case, to add a penal notice to an order for disclosure. He held that…
There are a number of significant changes taking place to the fixed costs rules, coming into force on the 6th April 2024. These are introduced by The Civil Procedure (Amendment) Rules 2024. Here we look at the change to the…
There are interesting issues considered in the judgment of Mr Recorder Adrian Jack in AS v AB [2024] EWFC 24. A party was appealing. The recording (and backup recording) failed to record the judge’s judgment and there was no agreed…
In Lifestyle Equities CV & Anor v Royal County of Berkshire Polo Club Limited & Ors [2023] EWHC 2923 (Ch) Mr Justice Mellor considered issues relating to an interim payment on costs and whether a consequentials hearing should be assessed…
In TRC v NS [2024] EWHC 80 (Fam) Mrs Justice Lieven considered the issues relating to relief from sanction in the context of an appeal in the Family Court. She held that Denton principles applied. “… the stricter…
This webinar look at claims for care, the law underpinning care and assistance claims, looking at practical ways of preparing the case and presenting the schedule and cover. The webinar covers, in particular, the cases and observations made in recent…
There are some interesting issues raised in the Supreme Court judgment in Potanina v Potanin [2024] UKSC 3. The opening lines of the judgment, however, reiterate an important principle in relation to the need for a rehearing after a party…
In Tameside Caravans and Storage Ltd v Viavecto Ltd [2024] EWHC 95 (KB) Mr Justice Constable refused the defendant’s request for permission to appeal out of time. The fact that the defendant was a litigant in person at the time…
In Phipps v Goulbourne (Re the Estate of Tetla Yvonne Goulboure otherwise Tetla Yvonne Butler) [2024] EWHC 130 (Ch) Master Teverson refused the claimant’s application for relief from sanctions. The claimant failed to serve a claim form, in accordance with…
My colleagues in the costs team at Kings Chambers alongside three eminent guest speakers are presenting a half day conference on the 29th February 2024 in Manchester. Booking details are available here. THE CONERENCE At this timely conference, four…
The recent post about the decision in Karimi, R (On the Application Of) v Sheffield City Council [2024] EWHC 93 (Admin), caused me to review another earlier blog post about the Post Office case. It concerned an attempt to introduce new…
In Al Saud v Gibbs [2024] EWHC 123 (Comm) Mr Justice Calver refused a defendant’s application to set aside a debarring order so that they could be involved in the trial of the action. The judgment contains important observations on…
There is a short passage in the judgment of HH Judge Davis-White KC in Chapman & Anor v Celtic Property Developments Ltd (Re Celtic Property Developments Ltd and Companies Act 2006) [2024] EW Misc 6 (CC) which reflects an issue…
In Yesss (A) Electrical Ltd -v- Warren [2024] EWCA Civ 14 the Court of Appeal considered the law relating to when an application for relief from sanctions comes into play. The judgment gives clear guidance about the question of when…
In Karimi, R (On the Application Of) v Sheffield City Council [2024] EWHC 93 (Admin) Fordham J sent out a reminder to practitioners (and particularly those who draft skeleton arguments) of the need to file skeleton arguments in accordance with…
The judgment of HHJ Baucher in Alghafagi v Tesco Stores Ltd [2023] EW Misc 19 (CC) is one of a series of judgments in related cases. It relates to what the judge has found to be a complex conspiracy to…
Earlier this month I posted an article on the need for “self protection” by lawyers when drafting witness statements. An example of why care is needed can be seen in the judgment of HHJ Stephen Davies, sitting as a High…
On the 24th January there is a webinar looking at claims for damages for self-employed people. It also looks at the issues relating to losses, particularly loss of earnings, caused by those involved in sports and entertainment (it also looks…
The judgment of Simon Tinkler, sitting as a Deputy High Court Judge, in Ickenham Travel Group Ltd v Tiffin Green Ltd [2024] EWHC 27 (Comm) is another classic example of a failure to prove damages. The defendant had been in…
In Clark & Ors v Adams & Anor [2024] EWHC 62 (KB) Mr Justice Soole determined that claims for £1 in damages and for “vindicatory purposes only” still have the protection of QOCS. The size of the claim and the…
Keen readers will note that already this week there have been two cases reported on this blog where the conduct or “expertise” of experts have been subject to judicial criticism. Issues relating to expert evidence in litigation have been a…
I am grateful to barrister Alicia Tew for sending me a copy of the Court of Appeal decision today in Kenig v Thomson Snell & Passmore Llp [2023] EWHC 181 (SCCO). The Court considered the question of whether the costs judge…
Another example of expert evidence going awry can be seen in the judgment of Mr Justice Ritchie in Balachandra v The General Dental Council [2024] EWHC 18 . The experts in question were giving evidence in relation to matters that…
In LCC v V & B [2023] EWFC 268 HHJ Booth commented on one of the expert witnesses. He found that the evidence given involved conjecture. The criticism of the expert is robust. “An expert witness is not helping…
We have seen a high profile example recently of a witness stating that their statement had been drafted by the lawyers involved. This is not a rare occurrence. Here is a recap of some of the issues that litigators need…
I am grateful to barrister Alicia Tew for sending me a copy of the judgment of HHJ Karen Walden-Smith in Harper -v- Bamber & Lewis (Cambridge County Court – copy of which is available here judgment in Bamber v Harper ). …
The judgment of Master Thornett in Lunn v Antarctic Logistics Centre International (Pty) Ltd [2023] EWHC 2856 (KB) relates to a defendant disputing jurisdiction. It was held that it was open to the defendant to dispute jurisdiction. That application has…
In March 2019 I wrote about the judgment in Bates & Ors v Post Office Ltd (No 3) [2019] EWHC 606 (QB), the post noted that “parts of the judgment set out arguments and conduct of litigation that is, to say the…
The judgment of the Supreme Court in Paul & Anor v Royal Wolverhampton NHS Trust [2024] UKSC 1 will be the subject of detailed scrutiny by practitioners and academics for years to come. It is an action where the claimants…
On March 16 2019 this blog had three separate posts on the Post Office case. The post repeated here gives an example of the Post Office’s extremely “robust” strategy. It attempted to strike out a large part of the claimants’…
An injured claimant is often most concerned about their ability to earn their living. This webinar looks at the essential elements of a claim for loss of earnings. It looks at recent cases to illustrate in a practical way how…
The Post Office was so convinced of the righteousness of its case that it determined that any findings against it must be due to judicial bias. Having lost some applications before the trial judge it attempted to have the judge…
Issues of witness demeanour and credibility figured highly in the judgment of District Judge Dinan-Hayward in TM v AM [2023] EWFC 247. It is an interesting story which shows the risks of compelling a witness to attend court and of…
I am repeating a post first written in 2019. Matters that are in the public consciousness now were very much in the consciousness of the legal profession then. This post dealt with the trial judge’s view of the credibility of…
It took until the 4th January for the first case in relation to service of the claim form to come to light. In Chehaib v King’s College Hospital NHS Foundation Trust & Ors [2024] EWHC 2 (KB) Master Stevens dismissed…
In January 2017 I wrote about a case where a newly qualified solicitor had been struck off . The solicitor “had ‘messed up’ on a handful of the 170 cases he was handling and did not seek help from colleagues”. …
Simply judging by the state of the rivers, and some of the roads, around me issues relating to flooding are back. This is a useful time to repeat the guide to flooding issues that I have printed several times before….
I am grateful to barrister Nadia Whittaker for sending me a copy of the judgment of Recorder Sheehan KC in the case of Ball -v- The Wolverhampton NHS Trust. It is a working example of the difficulties that flow when…
This is a periodic post (every 3 – 4 years or so) about issues relating to service of the claim form. It will be surprising if there are not cases (and subsequent blog posts) about service issues this year. There…
On the 11th January 2024 I am presenting a webinar on Damages for pain and suffering. This is a part of a series of webinars looking at the basic elements of major heads of damages for personal injury, with a…
The judgment of Senior Costs Judge Gordon-Saker in Sellers v Simpkins [2023] EWHC 3296 (SCCO) considers the issue of what costs a client is due to pay when they have terminated the retainer with a solicitor acting under a CFA….
You must be logged in to post a comment.