On the 29th September 2022 I am presenting a webinar “Avoiding Limitation Problems”. This deals with the major issues relating to limitation in personal injury actions. Booking details are available here. THE CONTENTS OF THE WEBINAR Basic limitation periods,…
“LITIGATION SHOULD BE SEEN AS A LAST RESORT, NOT A FIRST PORT OF CALL”: WORDS OF WISDOM FROM THE EAT
In Clark & Ors v Sainsburys Supermarkets Ltd & Anor (PRACTICE AND PROCEDURE) [2022] EAT 143 HHJ James Tayler made some observations in relation to the Early Conciliation scheme that exists in employment tribunals and construction of the rules. He…
The Queen’s Bench guide has now been changed to the King’s Bench guide. There do not appear to be any substantive changes to the text. The text can be found here. COMPARE AND CONTRAST There is a comparison of…
There is another judgment in the case of McKinney Plant & Safety Ltd v Construction Industry Training Board [2022] EWHC 2361 (Ch) Richard Farnhill (sitting as a Deputy Judge of the Chancery Division) that is worth noting. The claimant’s failure…
In McKinney Plant & Safety Ltd v Construction Industry Training Board [2022] EWHC 2361 (Ch) Richard Farnhill (sitting as a Deputy Judge of the Chancery Division) considered the appropriate response where a party fails to comply with the requirements for…
I am grateful to Aidan Robertson KC for sending me a copy of the decision of the Competition Appeal Tribunal, Mr Justice Marcus Smith, in Sportradar AG -v- Football Dataco Limited [2022] CAT 37 a copy of which can be…
In case anyone hasn’t noticed a lot of (perhaps the vast majority) of posts on this blog relate to procedural issues and problems that litigators have run into, or taken advantage of. On the 23rd September 2022 I am presenting…
Another point has arisen in relation the procedural impact of the Bank Holiday on Monday. The courts will be closed. CPR 2.8(5) therefore comes into effect. Any act that should have been done on Monday is effective if, instead, it…
In A Local Authority v AA & Anor [2022] EWHC 2321 (Fam) Mrs Justice Lieven rejected criticism of an expert witness who had changed their view throughout the course of the case. Experts must keep an open mind and it…
The Government announced that Monday the 19th September 2022 will be a national bank holiday. It is important to remember that this could have some consequences where a court order requires something to be done in 5 days or less….
As the two posts on this blog yesterday showed there appears to be a never ending problem with expert evidence. This year there have been over a dozen cases about expert evidence reported on this blog alone, all of them…
EXPERTS GIVING EVIDENCE DO NOT HAVE AN EXPECTATION OF ANONYMITY: MATTERS OF FREE SPEECH ARE IN ISSUE
The previous post dealt with the judgment of HHJ Richard Clarke in Hertfordshire County Council v Mother & Ors [2022] EWFC 106, in particular the critique of the expert evidence. In a subsequent judgment Hertfordshire County Council v Mother & Ors [2022]…
A powerful critique of the conduct of an expert witness can be found in the judgment of HHJ Richard Clarke in Hertfordshire County Council v Mother & Ors [2022] EWFC 106. A medical expert was found to have fallen considerably…
In Sweeney v Wise Solicitors Ltd [2022] EWHC 2314 (SCCO) Costs Judge Rowley struck out a claimant’s application for an an assessment of costs against their former solicitor. The action seeking an assessment of costs was issued out of time…
In A (A Child : Withdrawal of Treatment: Legal Representation) [2022] EWCA Civ 1221 the Court of Appeal allowed an appeal against a refusal to grant an adjournment. It was held that an adjournment should have been granted and a…
I had not planned to blog today. However some social media sites make it clear that a lot of people are having difficulties dealing with bereavement. The queen’s death has led to immense pain and sadness in itself and also…
We looked earlier at the decision in Cabo Concepts Ltd v MGA Entertainment (UK) Ltd & Anor [2022] EWHC 2024 (Pat) Mrs Justice Joanna Smith, on the issue of costs. That costs decision arose because of major failings by the…
A webinar on “avoiding undersettlement” for personal injury lawyers is being held on the 20th September 2022. Booking details are available here. “We go back through your claim in fine detail and if we find that your previous solicitor…
There has already been much publicity surrounding the Court of Appeal decision in HXA v Surrey County Council [2022] EWCA Civ 1196. The Court of Appeal overturned decisions where actions were struck out, holding that the issues in question should…
Sometimes brevity is the key. We see this in two tweets yesterday, reprinted with permission. “Jonathan @TempleBrief Civil Justice is broken – again. Tomorrow’s CCMC for a vet with severe suicidal PTSD who lacks capacity which was postponed in Jan…
In Cabo Concepts Ltd v MGA Entertainment (UK) Ltd & Anor [2022] EWHC 2024 (Pat) Mrs Justice Joanna Smith considered the amount that should be ordered on account when costs were “thrown away” after an action was adjourned shortly before…
We are looking again at the judgment of HHJ Paul Matthews (sitting as a High Court judge) in Pickett v Balkind [2022] EWHC 2226 (TCC) . Again it is in relation to an issue relating to experts. An expert had…
In Ellis v John Hodge Solicitors (a firm) [2022] EWHC 2284 (Comm) His Honour Judge Pearce refused to place any restrictions on the disclosure of a litigation file to the claimant. The claimant was bringing an action alleging professional negligence…
The judgment of HHJ Russen QC (sitting as a High Court Judge) in Ray v Windrush Riverside Properties Ltd [2022] EWHC 2210 (TCC) gives two examples relevant to the “Proving Things” series. Firstly the claimant failed to prove a nuisance….
In Pickett v Balkind [2022] EWHC 2226 (TCC) HHJ Paul Matthews (sitting as a High Court Judge) refused the claimant’s application for an injunction to prevent the defendant relying on the contents of a letter from the claimant’s expert. That…
The decision in Camfield & Ors v Uyiekpen & Anor (HOUSING – RENT REPAYMENT ORDER – evidence – pro forma witness statements) [2022] UKUT 234 (LC) is a working example of the dangers of “tick box” evidence. “This case…
2022 has seen some significant decisions in relation to service of the claim form, with many claimants coming to grief due to basic errors made when serving, or attempting to serve. This webinar “One Day Out” but still too late:…
We are always seeing new ways in which mistakes are made in relation to service of the claim form. In Lonsdale & Ors v Wedlake Bell Llp & Ors [2022] EWHC 2169 (QB)the claimants agreed an extension of time to…
The recent posts on the assessment of witness credibility led an expert witness to enquire whether it was the function of an expert to comment on issues relating to credibility. There have been a number of cases where judges have…
The previous post looked at witness credibility and the Gestmin principles. Litigators will also benefit enormously from reading the talk given at Bristol University Law School in December 2014 by Mr Justice Mostyn “The Craft of Judging and Legal Reasoning”. …
A post last week dealt with issues relating to the judicial assessment of credibility. Here we look at one aspect of that in more detail. That is the decision in Gestmin SGPS SA v Credit Suisse (UK) Ltd & Anor…
This week the blog looks at some basic procedural issues. Today we are looking at witness statements, in particular the mandatory requirement that a witness give the source of their information or belief. There are many cases where this basic…
It is now just over 8 years since the Denton decision. Cases in relation to relief from sanction are still being reported regularly. This is a good time to re-visit the advice given shortly after the case as to increasing…
In Thomas Hodson Hodson Developments Ltd v Person Unknown & Ors [2022] EWHC 1960 (QB) Mr Justice Jay awarded damages in a case where he found that the defendants had harassed the claimant. An award was made for general damages…
In Siemens Mobility Ltd v High Speed Two (HS2) Ltd [2022] EWHC 2190 (TCC) Mrs Justice O’Farrell considered an argument that the technical issues that arose in an action led to the need for experts to attend court. This argument…
Many, if not most, civil cases that get to trial rest on issues of witness credibility rather than issues of law. These are the cases and decisions that rarely make the law reports, but do reflect the underlying reality of…
It may be indicative that there are such a large number of cases where judges have criticised experts for veering towards advocacy that I sometimes hesitate as to whether they merit writing about. However such a tendency was noted by…
In Lappet Manufacturing Company Ltd & Anor v Rassam & Ors [2022] EWHC 2158 (Ch) Mr Justice Adam Johnson allowed a higher hourly rate for a solicitor working outside London. The rate allowed, for a Nottingham firm, was £350 an…
There is one very tricky area of limitation law that I wanted to return to following the judgment in Coote -v- Ullstein [2022] EWHC 606 (QB). The case was looked at in detail here. However I want to concentrate on the…
I was informed recently that permission to appeal was refused in the case of Greyson -v- Fuller. I am grateful to Simon Fisher from DWF for sending me a copy of the decision in Glendining -v- McCarthy,* where DDJ Causton…
A CLIENT DOES NOT OWE A “DUTY OF GOOD FAITH” TO A SOLICITOR ACTING UNDER A CONDITIONAL FEE AGREEMENT
In Candey Ltd v Bosheh & Anor [2022] EWCA Civ 1103 Lord Justice Coulson rejected an argument that a client, who has entered into a conditional fee agreement with a solicitor, owed a duty of good faith to that solicitor. …
In Nambiar v Solitair Ltd [2022] EWCA Civ 1135 the Court of Appeal held that an appeal against a committal order should be struck out as an abuse of process. Prior to sentencing the appellant had issued an earlier, identical,…
In Holly Wright (& others) -v- Birmingham City Council District Judge Baldwin (sitting as Regional Costs Judge)* rejected an attempt by a defendant to obtain its costs where it accepted the claimants’ Part 36 offers late. The judge held that…
For the second time today I am writing about an injunction case which failed because the claimant had failed to prove compliance with an order for service. However this particular case has more sinister overtones. The claimant attempted to bring…
An important point as to service of the claim form arose in the judgment of Mr Justice Nicklin in Thurrock Council v Stokes & Ors [2022] EWHC 1998 (QB). The claimant had issued proceedings against multiple defendants. It obtained an…
Periodically I write reminders of the importance of being able to calculate time periods correctly. Sometime a miscalculation can lead to fundamental problems. AN EXAMPLE OF MISCALCULATION In Evans v Pinsent Masons LLP [2019] EWHC 2150 (QB) Mr Justice Martin Spencer overturned…
In Anwer v Central Bridging Loans Ltd [2022] EWCA Civ 201 the Court of Appeal resolved procedural issues which it described as a “muddle” and “kafkaesque”. The issue was a simple one of whether a litigant was entitled to transcripts…
We have looked, many times, at issues relating to procedure after the handing down of a draft judgment. The Court of Appeal judgment in George v Cannell & Anor [2022] EWCA Civ 1067 highlights one of the difficulties that arise. …
In Lisa Jones v Richard Slade And Company Ltd [2022] EWHC 1968 (QB) Mr Justice Johnson overturned a decision that the court, on a Solicitors Act assessment, can determine issues of undue influence or economic duress. The judge held that…
THERE IS NO OBLIGATION ON A CLAIMANT TO FILE A REPLY: THE BURDEN OF PROOF REMAINS WITH THE DEFENDANT
In Pistachios In the Park Ltd & Anor v Sharn Panesar Ltd [2022] EWHC 2088 (QB) Mr Justice Freedman pointed out that the appellant’s argument in relation to pleading and burden of proof ran contrary to the rules. There is…
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