We are returning to the judgment of Mrs Justice Stacey in TRX v Southampton Football Club [2022] EWHC 3392 (KB). The judge made some observations in relation to the costs of the assessment process. In particular the interplay of CPR 47.20…
In TRX v Southampton Football Club [2022] EWHC 3392 (KB) Mrs Justice Stacey considered a number of issues relating to costs. One of those was the question of whether pre-CFA costs were recoverable. This required a close consideration of the…
Together with solicitor Hilary Wetherell we are presenting a series of five seminars on fatal accident law and litigation. These take you through seeing the client for the first time, understanding the law relating to fatal claims, preparing a Schedule,…
In Deutsche Bank AG v Sebastian Holdings Inc [2023] EWHC 9 (SCCO) Senior Costs Judge Gordon-Saker held that a claimant was only entitled to 70% of its costs of assessment. There were difficulties in the way that the claimant had…
Every so often there are discussions on Twitter about the appropriate fonts for lawyers to use. At times these can be heated discussions, including consideration of whether the use of the word “fonts” is itself appropriate. This led me to…
In Declan Colgan Music Ltd v Umg Recordings, Inc [2023] EWHC 4 (Ch) Deputy Master Henderson refused the claimant’s application for permission to call expert evidence in relation to the construction and consequences of an agreement to licence music. There…
In Adcock & Ors v Blemain Finance Ltd [2022] EWHC 3280 (SCCO) Costs Judge Whalan considered, and rejected, the claimants’ arguments that they should have pre-judgment interest on costs. “It is clear nonetheless that the incipitur rule constitutes the…
It would be a pity if the speech of Sir James Munby THE FAMILY COURT IN AN ERA OF AUSTERITY: PROBLEMS AND PRIORITIES is only read by family lawyers. There is much of interest to all litigators. It was a…
In Cumbria Zoo Company Ltd v The Zoo Investment Company Ltd [2022] EWHC 3379 (Ch) HHJ Pearce sent out an important message to those who sign witness statements. He also sent out an, arguably more important message, to those solicitors…
The Transparency Project is looking for legal bloggers, training will be provided Full details of the project can be found here. THE NEW INITIATIVE “At the end of January 2023, a new reporting pilot will launch in three courts…
In Von Westenholz & Ors v Gregson & Anor [2022] EWHC 3374 (Ch) Robin Vox, sitting as a Deputy High Court Judge, found that it was not unjust for the defendants to face the normal consequences of failing to beat…
Choosing a case of the year is never easy. There are many significant judgments throughout a year all of which have an impact on civil procedure. However this year I am returning to a decision in January. The decision of…
We are looking again at the judgment of Mr Justice Hildyard in Grant & Ors v FR Acquisitions Corporation (Europe) Ltd & Anor [2022] EWHC 3366 (Ch). Having determined that a valid and effective Part 36 offer had been made by…
Our annual review continues with the best “opening lines of judgments” for 2022. This year there are a number of strong international contenders. Worries about misguided endeavours The Serious Fraud Office & Anor v Litigation Capital Ltd [2022] EWHC 3053…
Some stranger statistics from the blog this year. Looking at the busiest times, the busiest day, referrers and the countries that visit most (and least). BUSIEST DAY AND TIME The busiest day is Tuesday. The busiest time is 11.00…
In Grant & Ors v FR Acquisitions Corporation (Europe) Ltd & Anor [2022] EWHC 3366 (Ch) Mr Justice Hildyard considered whether Part 36 applied to a complex offer made by the applicants. This post looks at the judgment relating to…
2022 has been another busy year on this blog. It is always interesting to see what people have been reading. The most recent posts are not always the most read. Instead posts on basic issues, from earlier years, dominate the…
The judgment in Wright v McCormack [2022] EWHC 3343 (KB) shows a variation on the risks of disclosing the contents of an embargoed judgment. The claimant did not disclose the full judgment but various messages on social media could be…
One search term that regularly leads people to this site is “can I issue on behalf of an estate when I don’t have letters of administration”. There are variations on this, but the central theme is always the same. The…
In Walter Hugh Merricks CBE v Mastercard Incorporated and Others [2022] CAT 52 the Competition Appeal Tribunal considered the principles relating to the costs of amendments to statements of case after a contested hearing. On the facts of this case…
In Brendon International Ltd v Water Plus Ltd & Anor [2022] EWHC 3321 (Ch)HHJ Cadwallader (sitting as a High Court Judge) found that numerous elements of the defendant’s witness statements were defective and non-compliant with the rules. The case is…
In Benford (A Child) v East And North Hertfordshire NHS Trust (Rev1) [2022] EWHC 3263 (KB) Mr Justice Ritchie refused the defendant’s application for an adjournment of a trial date. The defendant argued that medical uncertainty meant that it was…
We are returning to the decision on Mr Justice Cavanagh in Shepherd & Co Solicitors v Brealey [2022] EWHC 3229 (KB) to consider another aspect of the rules relating to costs. The solicitors were seeking to persuade the court to…
In Shepherd & Co Solicitors v Brealey [2022] EWHC 3229 (KB) Mr Justice Cavanagh made some observations on the practice of making submissions once a judgment is sent out in draft. This was not an invitation to the parties to…
In University Hospitals of Derby & Burton NHS Foundation Trust -v- Harrison [2022] EWCA Civ 1660 * the Court of Appeal rejected the defendant’s argument that QOCS protection was lost when the court was called upon to make an order…
In Griffiths & Anor v Gilbert [2022] EWHC 3122 (TCC) HHJ Sarah Watson considered a pleading issue. Should a point made in a Reply have been pleaded in the Particulars of Claim. She held that, on the facts of that…
In Pathan v Commissioner of Police of the Metropolis [2022] EWHC 3244 (KB) Mr Justice Bourne held that an action could not become subject to QOCS part way through. If the claim was a personal injury claim at trial then…
In Wright v Person Or Persons Unknown Responsible for the Operation and Publication of the Website bitcoin.org [2022] EWHC 2982 (SCCO) Costs Judge Rowley held that if a paying party wanted to take part in a detailed assessment of costs…
The precise wording of the claim form came under close scrutiny in the judgment of Mr Justice Trower in Honda Group-UK Pension Scheme Trustee Ltd & Ors v Mercer Ltd & Anor [2022] EWHC 3197 (Ch). It is one of…
In Chappell v Mrozek [2022] EWHC 3147 (KB) Master Stevens rejected the defendant’s argument that the defendant’s entitlement to costs, arising from late acceptance of a Part 36 offer, could be enforced from the claimant’s damages. The judgment examines the…
NB THIS DECISION WAS OVERTURNED ON APPEAL TO THE COURT OF APPEAL SEE Menzies v Oakwood Solicitors Ltd [2023] EWCA Civ 844 In Menzies v Oakwood Solicitors Ltd [2022] EWHC 3199 (KB) Mr Justice Bourne allowed an appeal on the…
In Frasers Group Plc v The Official Receiver & Ors [2022] EWHC 3184 (Ch) Sir Paul Morgan (sitting as a judge of the Chancery Division) held that the appropriate order, following a successful appeal, was for the respondents to the…
It may be imprudent to assume that arguments that take place at the case management stage will always be subject to an order for costs in the case. In University of Manchester v John McAslan & Partners Ltd & Anor…
The post yesterday on Sedley’s Laws of documents led to me to consider how this should be applied in the modern age. More specifically to electronic bundles. These musings led to contributions from the lawyers of Twitter. We clearly have…
Nine years after it was first published I am re-visiting a very early post on this blog. Regular readers will know that the issue of trial and hearing bundles have featured regularly over the intervening period. It is not uncommon…
In Tejani v Fitzroy Place Residential Ltd & Ors (Re Costs and Interest) [2022] EWHC 3153 (TCC) Ms Vernonique Buehrlen K.C. (sitting as a High Court Judge) declined an application that an unsuccessful claimant pay the defendants’ costs on the…
The judgment of Tribunal Judge Amanda Brown KC in Harris v Revenue and Customs (COSTS – complex track application for idemnity costs on the basis of unreasonable behaviour – application in response to strike out for failure to meet terms…
In Sayn-Wittgenstein-Sayn v HM Juan Carlos Alfonso Victor Maria de Borbon y Borbon (Rev1) [2022] EWCA Civ 1595 the Court of Appeal set out the importance of having a draft pleading to hand when seeking permission to amend a statement…
I am grateful to Daniel Slade from Express Solicitors for sending me a copy of the decision of Mr Justice Soole in AAA -v- BBB [2022] EWHC 3103 (KB). It is a case where the claimant was successful in appealing…
The Court of Appeal judgment today in Taylor & Anor v Raspin [2022] EWCA Civ 1613 emphasises the difficulty in appealing findings of fact. The Court also took a little time to point out the limited role of experts in…
In Moradi v The Home Office (Costs) [2022] EWHC 3125 (KB) HHJ Tindal (sitting as a High Court Judge) considered the appropriate costs consequences where a case settled on the eve of trial. The defendant made a Part 36 offer…
In N (A Child), Re (Instruction of Expert) [2022] EWCA Civ 1588 the Court of Appeal rejected an argument that a single joint expert should have been male. The judgment emphasises the point that a party wishing to argue for…
The post yesterday dealt with a case where the claimants failed in its attempt to go behind the defendant’s experts in a case where the claimants’ expert was never disclosed. Similar issues were considered in the interesting decision of the…
In White & Ors v Secretary of State for Health and Social Care [2022] EWHC 3082 (KB) Jeremy Hyam KC (Sitting as a Deputy Judge of the High Court) considered the issues that arise when a party has not called…
The Gov.Uk website has details of Christmas and New Year courts and tribunals opening times 2022. CLOSING DATES OVER CHRISTMAS ” Our courts and tribunals will temporarily close on various dates over the Christmas period. The closure dates for this year are:…
There are some interesting discussions and findings in relation to the rules relating to Part 36 offers in the judgment of Vernonique Buehrelen KC (sitting as a High Court Judge) in Coldunell Ltd v Hotel Management International Ltd [2022] EWHC…
In a message yesterday the Lord Chief Justice and Senior President of Tribunals announced changes in the way that certain judges are addressed in court. THE MESSAGE “We are today announcing a change in the practice of how certain…
The Legal Christmas Music contest is back, for the seventh year running. All that is required to enter is that you make, or agree you will make, a donation to a food bank: after that is (as ever) down to…
This webinar by Kings Chambers on the 1st December 2022 gives litigators a chance to consider the practical implications of the Belsner decision. THE PRESENTERS My colleagues Craig Ralph and Andrew Hogan will consider the significance of the Belsner and Karatysz cases,…
A short part of the judgment of Master Stevens in Bailey v Bijlani & Anor [2022] EWHC 2821 (KB) records the fact that the applicant defendant required relief from sanctions, but was not proposing to ask for it. “… I…
You must be logged in to post a comment.