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…
I am grateful to my colleague Eleanor Temple for sending me a copy of the decision of HHJ-Davis-White KC in the case of Ball -v- Ball (11th October 2022), a copy of the judgment is available here Ball v Ball…
In Tulip Trading Ltd v Ver [2022] EWHC 2970 (Ch) Mrs Justice Falk considered the factors involved when making an interim payment on account of costs. “The point of a payment on account is to provide the successful party with…
When in September I planned the webinar Expert Evidence in the Courts in 2022 there had been a dozen or so cases relating to experts in litigation. Since then there have been half a dozen more. There is an example…
In QX v Secretary of State for the Home Department [2022] EWCA Civ 1541 (22 November 2022) the Court of Appeal held that the courts have no power to compel a party to call a witness. “The starting proposition must…
I am grateful to Paul Balen for sending me a case report of a product liability case he was involved in. The judge found that a product liability case is not required to be lodged in the portal. This had…
The judgment of Mr Justice Freedman in Kerseviciene v Quadri & Anor [2022] EWHC 2951 (KB) is of considerable interest to anyone involved in litigation, particular personal injury litigation. The judge upheld a finding that a witness statement from the…
In Taray Brokering Ltd, Re [2022] EWHC 2958 (Ch) HH Pearce held it was not open to a party to place a penal notice on a court order when the court itself had not placed such a notice on the…
In Motorola Solutions, Inc & Anor v Hytera Communications Corporation Ltd & Ors [2022] EWHC 2887 (Comm) Mr Justice Picken considered an issue relating to valid service. A firm of solicitors, that stated it would accept service of proceedings, argued…
The judgment of Costs Judge Brown in MNO v HKC & Anor [2022] EWHC 2919 (SCCO) considers the question of an appropriate success fee between solicitor and client in a personal injury case. The judge did not accept the argument…
For a very short time the paperback book “Forgotten Yorkshire & Parts of North Derbyshire and Humberside” is on offer for 0.99 pence (reduced from £10.00). This has led the inimitable Tripe Marketing Board to make sure that profits from…
In Microsoft Ireland Operations Ltd & Ors v JJH Enterprises Ltd (Re Electronic Filing of Appellant’s Notice) [2022] EWCA Civ 1509 the Court of Appeal upheld a finding that an appellant’s notice filed electronically after 4.30pm on the last date…
In Deutsche Bank AG v Sebastian Holdings Inc. & Anor [2022] EWHC 2920 (SCCO) Senior Costs Judge Gordon-Saker gave a judgment which finalised a detailed assessment that had lasted 104 days. The judge found that, prior to the assessment concluding, …
In Brake & Anor v Guy & Ors (Costs) [2022] EWHC 2907 (Ch) HHJ Paul Matthews (sitting as a High Court Judge) considered an argument that the costs of an application should be subject to detailed assessment rather than summarily…
Amidst the bustle of recent cases about costs the European Court of Human Rights decision in Coventry v. the United Kingdom – 6016/16 may well be overlooked. The Court found that the “old” system of conditional fee litigation, whereby a defendant was…
The previous post on Belsner indicated that a final order had been made by the Court of Appeal. That order can be seen here BelsnerSEALED ORDER (1) and the text is reproduced below. The interesting aspect of the order is,…
The latest development in Belsner v CAM Legal Services Ltd [2022] EWCA Civ 1387 is that the unsuccessful claimant has been ordered to pay £130,000 on account of costs and repay £25,000 that was previously paid to her. However, here I…
I put details of this webinar up in early November. Unfortunately the event reached capacity and some people were not able to view it. However it was recorded and it is now available online here. THE WEBINAR Fixed costs…
An issue I have seen periodically, but twice this week, is a belief by some claimant solicitors that an advice obtained for the purpose of approval of a civil action for a protected party has to be shown to the…
In Holdgate v Bishop [2022] EWHC 2850 (KB) Master Thornett granted the defendant’s application for summary judgement on a specific issue. The Master granted the defendant judgment on the issue of whether the claimant had instructed solicitors to sell land…
I am grateful to Nick McDonell from Kain Knight for sending me a copy of the judgment of Costs Judge Rowley in Brown -v- JMW Solicitors LLP [2022] 2848 (SCCO). In that case the judge refused to make an order…
The judgment of Mr Justice Foxton in Royal & Sun Alliance Insurance Ltd & Ors v Tughans (a firm) [2022] EWHC 2825 (Comm) shows considerable concern about the way in which parties are attempting to deal with issues following the…
The judgment of Mr Justice Garnham in Correia v Williams [2022] EWHC 2824 (KB), was looked at yesterday on this blog. The judgment also contains an interesting approach to civil evidence at trial. The claimant’s solicitor prepared a witness statement annexing her…
I am grateful to barrister Jake Rowley for drawing my attention to the judgment of Mr Justice Garnham in Correia v Williams [2022] EWHC 2824 (KB). Mr Justice Garnham refused an appeal when a judge had held that a witness…
The judgment of Mrs Justice Heather Williams in Lydford v Skinner [2021] EWHC 3783 (QB) could well appear in the “Proving Things” series. A claimant’s action for damages for personal injury failed because he failed to establish that an occupier was…
There is a short postscript to the judgment of Paul Bowen KC (sitting as a Deputy High Court Judge) in YR, R (On the Application Of) v London Borough of Lambeth [2022] EWHC 2813 (Admin), which is of general importance….
In Atmani & Ors v Royal Borough of Kensington & Chelsea & Ors [2022] EWHC 2618 (KB) Senior Master Fontaine considered the costs consequences of the decisions made in her judgment, considered in an earlier post. The Master held that…
In Abdel-Kader & Ors v Royal Borough of Kensington and Chelsea & Ors [2022] EWHC 2006 (QB)Senior Master Fontaine considered the basis for applying for judgment and interim costs. The claimants had not identified the basis upon which judgment was…
There is a detailed exposition of the principles relating to costs budgeting in the judgment of Mrs Justice Joanna Smith in Various Sam Borrowers v BOS (Shared Appreciation Mortgages) No. 1 Plc & Ors [2022] EWHC 2594 (Ch). The judgment…
In OCM Maritime Nile Llc & Anor v Courage Shipping Co & Ors [2022] EWHC 2696 (Comm) Sir Andrew Smith considered, and applied, the principles relating to non-party costs orders against directors. “I infer that the defence of the claims…
The Oxford Mail carries a story on the 4th November which is highly disturbing. The headline says it all “Judge adjourns case for a week after reports of ‘barristers abusing court staff'” This, if established, is appalling behaviour. Rude, abhorrent…
In Bilta (UK) Ltd & Ors v SVS Securities PLC & Ors (Consequential Matters) [2022] EWHC 1431 (Ch) Mr Justice Marcus Smith considered the issues that arise when the parties have settled a large number of issues in an action,…
The judgment of HHJ Luba KC in Ibrahim v London Borough Of Haringey & Anor [2022] EW Misc 9 (CC) shows a surprising approach to evidence on the part of the both sides. “Given the nominal value of the claim,…
It is always interesting to look at the figures involved in relation to costs budgeting. We can see an example in the decision of Mr Roger Ter Haar KC in University of Manchester v John McAslan & Partners Ltd &…
In Associated Newspapers Ltd v Buckingham Group Contracting Ltd (Cost Budgeting) [2022] EWHC 2767 (TCC) Mr Roger Ter Haar KC considered principles relating to the budgeting process. He reduced a budget by 15% across the board. “In my judgment, the…
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