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…
Brett Dixon’s book is essential reading for all those involved in litigation relating to accidents at work. Much has happened since the previous edition in 2008 and this book deals with all the essential elements a litigator involved in this…
There is no shortage of commentary on the Belsner case. I have rounded up a dozen posts here. Unusually those representing both sides (and the intervenor) have given some commentary. I have set out the links below. TWO…
Halloween may, and should, be more muted this year. I had planned to write a post on delays in the civil courts, which can be really scary. I will save this from another date. Instead I have resurrected contributions from…
In TMO Renewables Ltd v Yeo & Ors [2022] EWCA Civ 1409 the Court of Appeal dismissed an appeal against an order for costs. The case is a reminder of the difficulty in appealing a decision as to costs. Further…
Continuing with the analysis of the judgment in Belsner v CAM Legal Services Ltd [2022] EWCA Civ 1387 we now look at the decision in relation to whether these were contentious or non-contentious costs. “the distinction between contentious and non-contentious…
The first point that has to be made about the decision in Belsner v CAM Legal Services Ltd [2022] EWCA Civ 1387 relates to economics. The argument that took four days in the Court of Appeal was over a small…
In Achille v Lawn Tennis Association Services Ltd [2022] EWCA Civ 1407 the Court of Appeal considered the meaning of the word “proceedings” in the costs of a claimant bringing a “mixed claim” for damages. It held that it was…
Fast on the heels of the judgment in Belsner today was the Court of Appeal decision in Karatysz v SGI Legal LLP [2022] EWCA Civ 1388, where a clear warning shot was fired in relation to the practice of seeking…
The Court of Appeal have allowed the appeal in Belsner -v- Cam Legal Services. The judgment [2022] EWCA Civ 1387 can be found here. I will conduct a detailed analysis of the decision in the near future. Here are the…
In Eaton v Auto-Cycle Union Ltd & Ors [2022] EWHC 2642 (KB) Mr Justice Turner was critical of the expert evidence called by the claimant. “Quite simply, he lacked the necessary expertise to substantiate and justify his conclusions. It…
Alongside solicitor Hilary Wetherell we are presenting a series of webinars to take practitioners through the major elements of personal injury law, practice and procedure. Each webinar can be viewed as a stand alone webinar as well as being part…
In Evans v R&V Allgemeine Verischerung AG [2022] EWHC 2688 (KB) HHJ Howells (sitting as a High Court Judge) did not accept the claimant’s argument that the defendant’s conduct of the case was such that indemnity costs should be ordered….
I have already written three times about the judgment of Mr Justice Cotter in Muyepa v Ministry of Defence [2022] EWHC 2648 (KB). I have not explored in detail the important observations in that judgment in relation to claiming, and presenting,…
We are, again, mining the judgment of Mr Justice Cotter in Muyepa v Ministry of Defence [2022] EWHC 2648 (KB). This time in relation to the judge’s comments and findings in relation to the expert evidence, in particular the non-medical evidence…
We are returning to the judgment of Mr Justice Cotter in Muyepa v Ministry of Defence [2022] EWHC 2648 (KB). The judgment recounts the history and detail of the legislation and principles governing fundamental dishonesty before applying them to the facts…
In Muyepa v Ministry of Defence [2022] EWHC 2648 (KB) Mr Justice Cotter set out detailed considerations for assessing witness credibility. Here we look at the description of the process of analysing the credibility of the witnesses. “But what…
There are two aspects of the judgment of Mr Justice Mostyn in Cazalet v Abu-zalaf [2022] EWFC 119 that are of general interest to litigators. Firstly the judge’s observations as to witness credibility. Secondly the observations in relation to re-opening…
In A (Children) (Pool of Perpetrators), Re [2022] EWCA Civ 1348 Lady Justice King set out a note of warning about cases where agreed notes of the relevant law are relied on. It may be better for the law to…
We are returning to a decision looked and before, and a familiar issue to this blog, in looking again at the judgment HHJ Stephen Davies (sitting as a High Court judge) in Thomas Barnes & Sons Plc v Blackburn with Darwen…
In de Renee v Galbraith-Marten [2022] EWFC 118 Mr Justice Mostyn commented on an expert report that one of the parties sought to introduce. The report had been obtained in breach of the rules. It did not comply with the…
My colleagues Andrew Hogan and Paul Hughes are presenting a webinar on the 2nd November 2022 4 – 5pm on “escaping fixed costs”. The webinar is free. Booking details are available here. NB the live event is now “full”. It…
We see a familiar story in the judgment of HHJ Stephen Davies (sitting as a High Court judge) in Thomas Barnes & Sons Plc v Blackburn with Darwen Borough Council [2022] EWHC 2598 (TCC). The witness statements of the claimant…
I first looked at the judgment in Saunders v Bristol Magistrates Court [2022] EWHC 2544 (Admin) because my attention was drawn towards the sub-heading “Procedural Defaults”. There were defaults. However this facts of this matter are important in themselves. …
I am presenting a webinar “Recent Cases on Loss of Earnings: What you need to know” on the 21st November. Booking details are available here. THE WEBINAR This webinar looks at recent cases in relation to loss of earnings and…
Those who write “robust” letters of response to a letter before action may benefit from reading the judgment of Mr Justice Andrew Baker in Pisante & Ors v Logothetis & Ors [2022] EWHC 2575 (Comm). The judge held that costs…
There are many edicts warning against reliance upon judgments that concern permission to appeal. However the judgment of Mr Justice Fordham in Harrison v TUI UK Ltd [2022] EWHC 2557 (KB) is of interest in the “Proving Things” series and…
In Bhimsinhji & Anor v Secretary of State for the Home Department (Determination as to Venue) [2022] EWHC 2556 (Admin) Mr Justice Fordham reiterated a point that has been made several times before in relation to venue for hearing in…
I am grateful to barrister James Miller for sending me a copy of the judgment of HHJ Bird in Lally -v- Butler (27th September 2022). The defendant successfully appealed an order that they were responsible for Part 7 costs rather…
In Elias v Wallace LLP [2022] EWHC 2574 (SCCO) Senior Costs Judge Gordon-Saker dismissed the claimant’s application for a delivery of a bill of costs. He found that (i) the bills delivered were “Chamberlain” bills and had sufficient information for…
Appealing a decision concerning relief from sanctions is always an uphill struggle. This can be seen in the judgment of Mr Justice Zacaroli in Smith v Lloyd [2022] EWHC 2414 (Ch). This was an unsuccessful appeal against a decision to…
The judgment of HHJ Howells in Evans v R&V Allgemeine Verischerung AG [2022] EWHC 2436 (QB) shows the difficulties that can occur when representing foreign defendants. The defendant was not permitted to allow witnesses to give video evidence from abroad. …
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