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”…
ISSUING IN HASTE BEFORE APRIL 6th: DO NOT REPENT AT LEISURE WITH SERVICE ISSUES IN FOUR MONTHS’ TIME
I have been told that there has been a flurry of activity this week with claimants anxious to issue proceedings before the change in the rules relating to QOCS. One problem with this is that there will now be numerous…
The changes to the rules as to the set off of QOCS for action issued on or after the 6th April 2023 makes the proper assessment of Part 36 offers of even more importance. Not only will the costs incurred…
The judgment of Deputy Master Nurse in Stubbins Marketing Ltd & Ors v Rayner Essex LLP & Anor [2023] EWHC 515 (Ch) contains an important lesson for anyone drafting a letter of claim. The judge ordered that the claimants pay…
An interesting issue about “agreements” is referred to in the judgment of Mr Justice Kerr in Clarion Housing Association Ltd v Crest Nicholson Operations Ltd [2023] EWHC 620 (TCC). I will be looking at the case in more detail later. …
The new rules relating to the ability to set off defendant’s costs liabilities against a claimant’s costs and damages have, I am told, led to a rush to issue proceedings and a backlog in some courts. These rules come into…
In Owen v Black Horse Ltd [2023] EWCA Civ 325 the Court of Appeal allowed the claimant’s appeal. The claim had been struck out at the start of a Small Claims Track hearing on the grounds that attendance by the…
In Lampor & Ors v Jones [2023] EWHC 667 (Ch) Mr Justice Mellor dismissed the appeals by both parties in relation to costs orders made following Part 36 offers. The trial judge had held that the defendant had failed to…
In Harlow District Council v Powerrapid Limited (Rev1) [2023] EWHC 586 (KB) Mr Justice Choudhury, sitting with Costs Judge Rowley as an assessor, rejected an appeal about the hourly rates allowed by the costs judge. There are important passages about…
I am presenting a webinar on the 6th April 2023 – The Costs Judge Over Your Shoulder 2023 – Maximising recovery. Booking details are available here. THE WEBINAR “Here the reduction was very large and the reason for the reduction was…
This is another opportune time to re-visit the principles in Gestmin SGPS S.A. -v- Credit Suisse [2013] EWCA 3560 (Comm). This is case that is now mentioned regularly in cases involving witness recollection and dispute of facts. WHY LOOK AT GESTMIN?…
It is quite possible that both parties in an action could be in default. One party could be granted relief from sanctions for that default and the other refused. This is precisely what happened in Shill Properties Ltd v Bunch…
We are looking again at the judgment of Lord Justice Underhill in Credico Marketing Ltd & Anor v Lambert & Anor [2023] EWCA Civ 262. There is a very brief passage which serves as a reminder that clients can expect…
There is a breach statement in the judgment of Lady Justice Andrews in Zanatta v Metroline Travel Ltd [2023] EWCA Civ 224 that highlights a crucial point in relation to the drafting of a Reply. Whereas a Reply and Defence…
The judgment of Lord Justice Underhill (refusing permission to appeal) in Credico Marketing Ltd & Anor v Lambert & Anor [2023] EWCA Civ 262 relates a party who failed to adduce sufficient evidence to show impecuniosity. “No evidence of Mr…
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