I am mining the back catalogue of this log (that is repeating myself again) to look at a post originally written in August 2016. It looked at judicial complaints about the length of submissions. This was where the judges were…
As part of the series looking back at previous posts we are revisiting a case first looked at in 2014. It provides a good example of the very real dangers of not taking a comprehensive statement. A witness was interviewed…
AN INTERESTING ISSUE: CLAIMANT WHO FAILS TO PLEAD CONTRACTUAL INTEREST – DOESN’T GET INTEREST AT ALL
The judgment of Mr Justice Foxton in Rolls-Royce Holdings Plc v Goodrich Corporation [2023] EWHC 2002 (Comm) illustrates an important issue in relation to interest. If a successful party has a contractual right to interest, but has not pleaded that…
In Cheshire Estate and legal Limited -v- Blanchfield & Others* HHJ Bever, sitting as a Judge of the High Court, considered witness statements served by the claimant that failed to comply with the Practice Direction. One was expert evidence posing…
I am grateful to Kevin Donoghue from Donoghue solicitors for bringing my attention to the judgment of Mrs Justice Hill in Afriyie v Commissioner of Police for the City of London (Re Costs) [2023] EWHC 1974 (KB). It is a…
Many witnesses give inaccurate evidence. Sometimes this is due to dishonesty, others are mistaken. Many, it is to be suspected, fall foul of “litigation wishful thinking”. This concept was explored by Mr Justice Richards in Old Park Capital Maestro Fund…
Earlier today there was a post on Twitter asking how, lawyers being human after all, they deal with the emotional fall out that is a part of many people’s workload. This is an opportune time to reprise a series of…
In FXF v English Karate Federation Ltd & Anor [2023] EWCA Civ 891 the Court of Appeal stated, categorically, that the Denton principles must be considered where a defendant applies to set aside a default judgment. Firstly there was binding…
In Cohen & Ors v O’Leary & Ors (Re Insolvency Act 1986) [2023] EWHC 1939 (Ch) Louise Hutton KC (sitting as a Deputy Judge of the High Court), made an order that a defendant could be served by email. “As…
We are looking again at the judgment of Mr Justice Cotter in Scarcliffe -v- Bramton Valley Group Ltd [2023] EWHC 1565 (KB) (A copy of the judgment, on Old Square Chambers website, is available here.) Again we are looking at the judge’s comments…
In Briley & Ors v Leicester Partnership NHS Trust & Ors [2023] EWHC 1470 (SCCO) Costs Judge James found that the costs of attending a pre-inquest review were held to be recoverable inter partes. “I would add that whilst…
Continuing with the look back at previous years we are looking at a post written in July 2019 about advising on the risks of litigation. “The difficulties facing those giving advice about litigation is summed up in a…
In Chapman v Mid and South Essex NHS Foundation Trust (Re Costs) [2023] EWHC 1871 (KB) Mrs Justice Hill decided that a claimant’s offer to accept 90% of damages in a clinical negligence case, where there had been a trial…
There is a short passage in the judgment of Costs Judge Leonard in Pulford v Hughes Fowler Carruthers Ltd [2023] EWHC 1429 (SCCO)that is illustrative of the dangers of “lawyerly” witness statement. THE CASE The judge was considering issues of…
In Henderson and Jones Ltd v Stargunter Ltd & Anor [2023] EWHC 1849 (TCC) Neil Moody KC (sitting as a High Court Judge) considered whether a formal application for relief from sanctions was needed in a case where a party…
I am grateful to Ten Legal Associates Ltd for sending me a copy of the judgment of Mr Justice Freedman in Afzal -v- UK Insurance Ltd [2023] EWHC 1730 (KB), a copy of that judgment is available here. AFZALJUDGMENT TRANSCRIPT …
In Johnson v Devon And Cornwall Police & Ors [2023] EWHC 690 (Ch) HHJ Paul Matthews (sitting as a High Court Judge) held that a defendant should have known that the proceedings against it had not been served properly. The…
This morning I am encouraging you to read ‘James Bond and the Law’ : A talk to the Manchester Business and Property Courts Forum [2023] UKSpeech 7REH2, given by Mr Justice Foxton. A look through at the James Bond franchise…
The judgment of Mr Justice Ritchie in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2023] EWHC 1770 (KB) is an example of how consideration needs to be given to “updated” witness statements in a case where there situation is…
NB this decision was overturned by the Supreme Court. See the discussion on the Supreme Court decision here. In Menzies v Oakwood Solicitors Ltd [2023] EWCA Civ 844 the Court of Appeal held that a solicitors bill is “paid” when…
In Santiago v Motor Insurers’ Bureau [2023] EWCA Civ 838 the Court of Appeal held that the costs of interpreters are recoverable under the fixed costs regime. It is an indictment of the wholly inadequate thought given to the fixed…
In Scarcliffe -v- Bramton Valley Group Ltd [2023] EWHC 1565 (KB) Mr Justice Cotter sent out another warning about the inadequate state of expert reports. Here we look at the judgment in relation to the care experts. (A copy of…
On the 20th September 2023 I am presenting a webinar looking at issues relating to the deduction of costs from the client’s damages in a personal injury claim.This webinar looks at the regulations and case law relating to the deduction…
In Afriyie v Commissioner of Police for the City of London [2023] EWHC 1632 (KB) Mrs Justice Hill rejected the defendant’s twelve allegations of fundamental dishonesty made against a claimant. Some of the assertions were rejected because they did not…
In Bailey -v- Stonewall Equality Ltd, Garden Court Chambers & others the Employment Tribunal awarded £20,000 costs against the respondents (in what is normally a no- costs regime) because of the chaotic way that the application bundle had been presented. …
In MGS v University Hospitals Bristol and Weston NHS Foundation Trust [2023] EWHC 1547 (KB) Dexter Dias (sitting as a Deputy High Court Judge) rejected an argument that interest should run at 8% following the defendant’s late acceptance of the claimant’s…
In Green v White Lantern Film (Britannica) Ltd [2023] EWHC 1391 (Ch) Mr Justice Michael Green considered arguments as to conducts and costs in a case where the claimant had beaten her own Part 36 offer. The normal Part 36…
In South West Terminal Ltd. v Achter Land, 2023 SKKB 116 (CanLII) Keene J. decided that a thumbs up emoji “👍” led to a binding contract being created. The case is mentioned in Legal Cheek here and has led to…
In JXC v NIS [2023] EWHC 1000 (SCCO) Costs Judge Leonard considered issues relating to the recoverability of costs from the client over and above those recovered inter-partes. This case shows the importance of informing the client about the costs…
In Sleaford Building Services Ltd v Isoplus Piping Systems Ltd [2023] EWHC 1643 (TCC) Mr Alexander Nissen KC, held that a claimant’s offer to accept 99.9% of its claim was a valid Part 36 offer. However it was held to…
In FMA & Ors v Secretary of State for the Home Department [2023] EWHC 1579 (Admin) Mr Justice Swift made the point the redaction of documents in judicial review proceedings should not be routine. THE CASE The judge was…
The latest edition of the Senior Court Costs Office Guide is now available here. As ever the Guide contains a detailed and comprehensive guide to all the procedural (and some substantive) issues THE INTRODUCTION “The Senior Courts Costs Office (SCCO)…
In Manolete Partners Plc v White [2023] EWHC 1644 (Ch) HHJ Hodge KC (sitting as a High Court judge) considered an application to adduce further evidence after a draft judgment had been circulated. The application was refused. The respondent was…
In Major v Kirishana [2023] EWHC 1593 (KB) Mr Justice Cotter allowed an appeal in which a judge had refused a Litigation Friend’s application to terminate their appointment. The judgment makes it clear that there will be very few circumstances…
In Adams & Ors v FS Capital Ltd & Ors [2023] EWHC 1649 (Ch) Mr Justice Edwin Johnson commented on the difficulties caused by the defendants’ failure to establish why the metadata for documents was different to the dates shown…
As part of the scroll through the “back catalogue” on this blog we are looking at the series from 2013 on avoiding negligence. Remember that this series was written 10 years ago. There may have been some changes since then,…
The arguments raised in Brassington v Knights Professional Services Ltd (t/a Knights) (Re Court of Protection – Deputyship) [2023] EWHC 1568 (Ch) are interesting ones. HHJ Hodge KC (sitting as a High Court Judge) rejected the defendant’s assertions that a…
Expert evidence has been a regular feature on this blog. Here we are looking at four posts from June 2014 which give rise to issues that resonate today. Advice on cross-examining experts, consideration of instructing experts, an attempt to introduce…
The judgment of Mr Justice Ritchie in Lal v Reeder [2023] EWHC 1437 (KB) is a classic example of a failure to prove things. The trial judge found that the claimant had failed to establish certain heads of damage. That…
Continuing with the series looking a posts from this blog from the past, here we look at posts from June 2014. This was an interesting month, the blog set out all the arguments that took place in the Denton decision. There…
In Tabbitt v Clark [2023] EWCA Civ 744 the Court of Appeal rejected an application for a declaration that would have “future proofed” the claimant’s position in relation to liability for costs following late acceptance of the defendant’s Part 36…
In Brem v Clark & Anor [2023] EWHC 1358 (KB) Mr Justice Martin Spencer dismissed an appeal against a decision to strike out an action. The claimant’s counsel failed to attend at the hearing, but the judge was correct to…
In Clewer v Higgs & Sons (a firm) [2023] EWHC 1556 (Ch) Mr Justice Adam Johnson upheld a decision that the claimants had failed to serve a claim form properly. The judge held that the requirement to serve a sealed…
In Elo Trustees Ltd v Bonhams 1793 Ltd & Anor [2023] EWCA Civ 664 the Court of Appeal upheld a decision not to give relief from sanctions. The case is illustrative of a large number of the dangers of litigation….
The judgment of Lionel Persey KC (sitting as a Judge of the High Court) in Finsbury Food Group Plc v Axis Corporate Capital UK Ltd [2023] EWHC 1559 (Comm) shows some significant issues in relation to the evidence presented in…
It is rarely possible to get to the end of a month without some kind of discussion on this blog about service of the claim form. This month is no exception. In Pitalia & Anor v NHS England [2023] EWCA…
Now that the blog is 10 years (and 2 days) old it gives me an opportunity to look back at previous posts in a way that remains useful. Some (but not all) of the posts over the past decade stand…
The 24th June 2023 marks the 10th anniversary of the start of the blog. I did worry, when I started, whether there would be enough material to . However, over the past 10 years I have never been short of…
I am grateful to Andrew Davis KC for bringing my attention to the judgment of Master McCloud in Hadley v Przybylo (Costs, Costs budgeting, Costs lawyers, personal injury, case manager, recoverability) [2023] EWHC 1392 (KB). The Master rejected the argument…
In Alam v Alam & Anor [2023] EWHC 1460 (Ch) the Court had to deal with issues relating to translators and witness statements. There were several issues in relation to the use of translators. The evidence of one witness was…
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