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…
There is a short procedural note in the judgment of Mrs Justice Cockerill in Al-Aggad v Al-Aggad & Ors [2024] EWHC 673 (Comm) in relation to skeleton arguments. Both sides had exceeded the maximum length of time for skeleton arguments….
In Coram v DR Dunthorn & Son Ltd [2024] EWHC 672 (KB) Mrs Justice Yip, sitting with Costs Judge Nagalingam, upheld a decision not to award the costs of leading counsel on assessment of costs. “That is not to say…
We are going to be looking twice at the decision of Mr Justice Martin Spencer in Rainer Hughes Solicitors v Liverpool Victoria Insurance Company Ltd & Ors (Rev1) [2024] EWHC 585 (KB). The next post will look at procedure in…
There is an interesting discussion on the principles of contributory negligence in the judgment of HHJ Keyser KC in Owens v Lewis [2024] EWHC 609 (KB). “(1) Where any person suffers damage as the result partly of his own…
This webinar takes you through the essential elements you have to consider before you can advise whether a claim for fatal accident damages can be brought. Booking details are available here. THE WEBINAR It covers:- The basic principles of…
An earlier post looked at some aspects of the judgment of Mr Justice Trower in Winros Partnership v Global Energy Horizons Corporation [2021] EWHC 3410 (Ch). The assessment of costs in that action continued after the appeal. Preliminary points were considered by…
In Bell v Commissioner of Police of the Metropolis (No. 2: Consequential Matters) [2024] EWHC 650 (KB) Mrs Justice Hill considered the consequences where the claimant had beaten their own Part 36 offers. The defendant was ordered to pay an…
NB – THIS DECISION WAS OVERTURNED ON APPEAL – SEE Secretary of State for Levelling Up, Housing and Communities v Rogers [2024] EWCA Civ 1554 In Rogers v Secretary of State for Levelling Up, Housing and Communities & Anor [2023]…
The judgment of HHJ Pelling KC in ABT Auto Investments Ltd v Aapico Investment Pte Ltd & Ors [2022] EWHC 1791 (Comm) has recently become available on BAILII. The judge refused an application to amend that was heard one month…
In March and April 2024 I am presenting four webinars which take practitioners through the major issues relating to law and procedure in Fatal Accident Act claims. All of those who subscribe to the webinars will receive comprehensive questionnaires for…
In Hadley -v- Przybylo [2024] EWCA Civ 250 the Court of Appeal considered the issue of whether a solicitor in a personal injury case could recover the cost of attending rehabilitation case meetings. It was decided that the costs are potentially recoverable….
In China Yantai Friction Co. Ltd. v Novalex Inc., 2024 ONSC 608 (CanLII), C. Chang.J, made some trenchant observations about the conduct of one of the advocates in the case. “It has long been a tradition and requirement of etiquette…
In Holden v Holden & Anor [2024] EWHC 453 (Ch) Mr Nicholas Thompsell (sitting as a Deputy High Court Judge) considered offers made by the defendant to see whether they were in fact Part 36 offers. He held that they…
In Bangs v FM Conway Ltd & Anor [2024] EWHC 494 (Comm) Mr Justice Jacobs considered the claimant’s application for relief from sanctions when the particulars of claim had been served late. He allowed the claimant’s application against one defendant…
I am grateful to barrister Stephen Bailey for drawing my attention to the judgment of Mr Justice Turner in Kindertons Ltd v Murtagh & Anor [2024] EWHC 471 (KB). The judge upheld the decision to make a non-party costs order…
This webinar on the 14th March 2024 takes a detailed look at those issues and arguments that are often marshalled to reduce a claim for personal injury damages. It enables practitioners to consider those matters that impact upon a claimant. …
A defendant that wants to dispute jurisdiction should normally apply under CPR Part 11. In The Tintometer Ltd & Anor v Pitmans (a firm) & Anor [2024] EWHC 370 (Ch) Mrs Justice Bacon considered the situation where a defendant had…
We have seen several examples on this blog recently relating to the summary assessment of costs, in some cases the sums assessed have been substantial. This webinar on the 18th March 2024 looks at recent cases and then considers the…
In Williams v Williams & Ors [2023] EWCA Civ 1465 the Court of Appeal considered the issue of whether an appellant could seek to re-open grounds of appeal. The criteria was held to be very restricted and the appellant not…
Form PF 10 for anonymity orders has been amended. The latest form can be found here. PF10 Anonymity for children and protected parties – prohibition of publication order [HEADING] [TBC] (a child / protected party…
In Roberts v Jones [2024] EWCA Civ 118 the Court of Appeal held that it was not the correct court to hear an appeal relating to an appeal by a judgment creditor in relation to a sentence passed on a…
In Turner & Anor Sheffield Teaching Hospital NHS Foundation Trust & Anor [2023] EWHC 3452 (KB) Master Brown allowed an application by the claimant for disclosure of statements made to the Healthcare Investigation Board. “A trial judge faced with deciding…
There have been a number of interesting decisions over the past 12 months which deal with the assessment of costs. This webinar, on the 12th March 2024, looks at those decisions and the issues relating to ensuring maximum recover of…
Every litigator is an advocate, whether they know it or not. Litigation is fundamentally about the art of persuasion. This is a litigator’s daily task: in correspondence, on the phone, with the court. This is best done by the careful…
In Baldudak v Matteo (Re Costs) [2024] EWHC 301 (Ch) Mr Andrew Sutcliffe KC, sitting as a High Court Judge, made an order for a substantial interim payment of the claimant’s costs. He did not accept the defendant’s argument that…
In Woolley v Ministry of Justice [2024] EWHC 304 (KB) Mr Justice Kerr allowed an appeal against a costs budget and remitted it to another judge for reconsideration. The case shows the importance of a judge allowing a party to…
This webinar looks at recent cases in relation to periodical payments and periodical payments, including an interesting negligence case brought against solicitors who failed to claim provisional damages. It then looks at the law, practice and procedure relating to provisional…
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…
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