Another tweet from HMSCTS clarifies the position in relation to defendant’s compulsory use of the claims portal which was discussed yesterday. It appears that the amendments relating to legal professionals responding to claims has not simply been postponed, but this…
Practice Direction 51ZB was amended so that it would be compulsory for defendants to use the portal from the 2nd June 2022. However this has been delayed. A tweet from HM Courts and Tribunal Services made at 1.33 today…
I am grateful to Express Solicitors for sending me a copy of a judgment of X -v- H&M Hennes, made by HHJ Lethem on 21st April 2022. It relates to the recoverability of an insurance premium between solicitor and client. …
In Wirex Ltd v Cryptocarbon Global Ltd & Ors [2022] EWHC 1161 (IPEC) HHJ Hacon determined some interesting issues in relation to attempts to accept Part 36 offers late and relief from sanctions. THE CASE The claimants had obtained a…
ANOTHER CASE WHERE JUDICIAL REVIEW PROCEEDINGS WERE ISSUED IN LONDON BUT IT WAS TRANSFERRED TO LEEDS
In Fajr Ellis, R (On the Application Of) v Student Loans Company [2022] EWHC 1263 (Admin) Mr Justice Fordham held that judicial review proceedings, issued in London, should be transferred to the administrative court in Leeds. “In my judgment…
There are some interesting observations about the conduct of litigation in the Court of Appeal judgment in Planon Ltd v Gilligan [2022] EWCA Civ 642. The court made it clear that it is alive to “machismo” methods of conducting litigation….
This webinar looks at issues relating to deductions from damages, it will also cover recent issues relating to mitigation of loss. Booking details are available here. TOPICS TO BE COVERED Non-CRU benefits and deduction from damages What is the…
In Camberley Group & Ors v Foster & Ors [2022] EWHC 1309 (QB) Richard Hermer QC, sitting as a Deputy High Court Judge, dismissed an application for disclosure from a non-party on the grounds that the claimant failed to establish…
In Lifestyle Equities CV & Anor v Royal County of Berkshire Polo Club Ltd & Ors [2022] EWHC 1244 (Ch) Mr Justice Mellor refused the claimants’ application to exclude or edit the defendants’ witness statements. “… in my view PD57AC…
In Primavera Associates Ltd v Hertsmere Borough Council [2022] EWHC 1240 (Ch) HHJ Paul Matthews, sitting as a judge of the High Court, struck out parts of the claimant’s witness statement due to its failure to comply with the rules. …
I have come across several examples recently of the CCMCC refusing to issue claim forms on the basis that proceedings should have been issued online using the Damages Claim Pilot. In every case the papers have been returned wrongfully, the…
Occasionally I will use Twitter to tweet links to previous posts on this blog which may continue to be of interest. I did this recently in relation to a post on witness credibility and demeanour that I wrote in 2018….
The assessment of costs is a crucial stage in litigation. Detailed assessment usually takes place after attempts at settlement of costs have failed and there are some major differences between the parties. Relatively few litigators have experience of attending a…
In Premier Experts London Ltd -v- Rajwani [2022] EWHC 1188 (QB) Sir Andrew Nicol refused the defendant’s application for permission to appeal. Relief was granted when new evidence was served late, however that evidence failed to satisfy the Ladd -v-…
In Celtic Bioenergy Ltd v Knowles Ltd [2022] EWHC 1223 (QB) Mrs Justice Foster refused the defendant’s appeal in a case where a very late addition to the points of dispute had been refused by Master Campbell. The issues that…
For the second time today I am writing about a case where the court has refused to strike out a statement of case. In Lewis-Ranwell v G4S Health Services (UK) Ltd & Ors [2022] EWHC 1213 (QB) Mr Justice Garnham…
In the judgment today in Brooks v Zurich Insurance Public Ltd Co & Anor [2022] EWHC 1170 (QB) Master Davison refused an application to strike out an action against insurers under the provisions of the Third Party (Rights Against Insurers)…
In Borra v Commissioners for Her Majesty’s Revenue and Customs & Anor [2022] EWHC 1195 (Ch) ICC Judge Mullen considered the requirements of the Practice Direction in relation to a witness giving evidence in a foreign language. None of the…
This blog has looked many times at issues relating to witness evidence and the judicial approach when hearing evidence of matters that happened a considerable time before trial. The difficulties are made clear in the judgment of HHJ Emma Kelly…
In Blake & Ors v Fox (Re Trial by Jury) [2022] EWHC 1124 (QB) Mr Justice Nicklin refused the defendant’s application for a jury trial of a defamation action. “… since the removal of the statutory presumption in s.69(1), jury…
In Fulham Football Club v Jones [2022] EWHC 1108 (QB) Mr Justice Lane allowed an appeal in a case where a footballer had found to be negligent when tackling an opponent. The judgment considers the issue of liability in the…
We are now looking at the second aspect of the judgment of Mr Justice Nicklin in MBR Acres td & Ors v Maher & Anor [2022] EWHC 1123 (QB). This the claimants’ unsuccessful application for an order that there be…
In MBR Acres td & Ors v Maher & Anor [2022] EWHC 1123 (QB) Mr Justice Nicklin held that the obligation to serve an injunction personally had not been altered by the new CPR Part 81. Sending copies of the…
In Sinha v Taylor & Ors [2022] EWHC 1096 (Comm) Mr Simon Colton QC considered the inferences to be drawn when the defendants had not filed witness evidence and there was issues in relation to disclosure. THE CASE The…
For the second time today I am writing about judicial comments on profligacy in the Commercial Court. This time Mr Justice Andrew Baker in Invest Bank PSC v El-Husseini & Ors [2022] EWHC 894 (Comm). “Even in the context…
In PJSC National Bank Trust & Anor v Mints & Ors [2022] EWHC 1132 (Comm) Mr Justice Foxton considered issues relating to payment of costs after the claimants had been unsuccessful in an application to amend the Particulars of Claim. …
There is a brief report on Lawtel of the case of C-v- D [2022] WLUK 99 where Dexter Dias QC, sitting as a Deputy High Court judge, did not agree with the proposition that Denton principles applied to an application…
There are many cases where the courts have had to consider the loss of earnings of a claimant whose career pattern, and thus earnings, are not wholly certain. Often these relate to those working in sports or entertainment. In Mathieu…
In the judgment today in Edwards (& others) -v- Slater and Gordon UK Limited [2022] EWHC 1091 (QB) Mr Justice Ritchie disallowed the defendant’s appeal in relation to issues relating to disclosure, funding and security for costs. He allowed the…
In the recent case of MRA -v- The Educational Fellowships Ltd [2022] EWHC 1069 (QB) it was held that the claimant had to face the usual Part 36 consequences when a Part 36 offer was accepted late. The fact that there…
In the judgment today in AKC -v- Barking, Havering & Redbridge University Hospitals NHS Trust [2021] EWHC 2607 (QB) the Court of Appeal upheld the point that the name of each fee earner involved must be included in the electronic…
In Percy v White & Anor [2022] EWCA Civ 493 the Court of Appeal overturned a decision based on a contribution notice. This case makes it clear that a party bringing contribution proceedings still has to establish breach and causation…
An example of the importance of the format of an expert report can be found in the judgment of Master David Cook in Pal -v- Damen [2022] EWHC 004697 (QB). It is a decision that shows that the courts will…
In the judgment in MRA -v- The Education Fellowship Limited [2022] EWHC 1069 (QB). Master McCloud held that it was not unjust for the usual principles in relation to costs to apply following a claimant’s late acceptance of a defendant’s…
We have recently seen a case where a party disallowed from using an expert due to conduct at the joint meeting of experts stage. The meeting of experts is now a key stage in much major litigation. Knowledge of the…
We are returning to the judgment in Ashford Borough Council & Anor v Wilson [2022] EWHC 988 (QB) Darryl Allen QC, sitting as a High Court judge. The earlier post looked at the issue of whether the defendant was bound by…
In Ashford Borough Council & Anor v Wilson [2022] EWHC 988 (QB) Darryl Allen QC, sitting as a High Court judge, found that a defendant was bound by the terms of an order drawn up with the agreement of their…
The law as to fatal accident damages is based primarily on judicial decisions. To understand damages fully it is important that you have a detailed knowledge of key decisions and how fatal accident damages are approached by the courts. It…
In Storey v British Telecommunications Plc [2022] EWCA Civ 616 the Court of Appeal allowed an appeal against an order striking out an personal injury action. The court was fairly critical about the evidence that had been placed before it…
We have another case of a party breaching an embargo on a draft judgment in the decision of Nicholas Caddick Q.C (sitting as a Deputy High Court Judge) in Match Group LLC & Anor v Muzmatch Ltd & Ors [2022]…
In Khyam, R (On the Application Of) v Secretary of State for Justice [2022] EWHC 993 (Admin) Mr Justice Fordham was fairly robust in ordering that a judicial review hearing should take place in Leeds. This was the area with…
The judgment of the Court of Appeal in ABP Technology Ltd v Voyetra Turtle Beach Inc & Anor [2022] EWCA Civ 594 concerns a technical issue in relation to trade marks. However it also demonstrates a very powerful principle in…
In Ince Gordon Dadds LLP v Mellitah Oil & Gas BV [2022] EWHC 997 (Ch) Mr Hugh Sims QC, sitting as a Deputy High Court Judge, refused the defendant’s application to set aside a default judgment obtained for solicitor’s costs. …
In EXN v East Lancashire Hospitals NHS Trust & Anor [2022] EWHC 872 (QB) Mr Justice Turner allowed an appeal where a District Judge had refused to grant relief from sanctions. The judgment is particularly interesting in that it notes…
COURT OF APPEAL UPHOLDS RELIEF FROM SANCTIONS GRANTED WHEN A PARTY HAD NOT MADE A FORMAL APPLICATION
In Park v Hadi & Anor [2022] EWCA Civ 581 the Court of Appeal upheld a decision granting a claimant relief from sanctions. The initial application had been made informally, during the course of an application, the defendant’s appeal against…
In contemporary litigation it is not unusual for the parties to spend some time (perhaps a considerably time) looking for material about previous cases that expert witnesses were involved in. This may not always be time well spent. In Richards…
The judgment of Mrs Justice Steyn in Vardy -v- Rooney & News Group Newspapers Ltd [2022] EWHC 946 (QB) also contains a consideration of an application to strike out part of the witness statement. There is a review of the…
The judgment of Mrs Justice Steyn in Vardy -v- News Group Newspapers Ltd [2022] EWHC 946 (QB) serves as a reminder that a party cannot simply serve witness summaries in place of witness statements. The judge granted relief from sanctions…
I periodically write about fish files because I suspect they are the cause of a large percentage of procedural problems that arise in litigation. A “fish file” is a file that has been left for so long it has started…
Court and Tribunal decisions are now freely available from The National Archives. THE PAGE The case law finder can be found here. THE PRESS RELEASE The press release explaining matters can be found here. NOTE THAT BAILII CARRIES ON …
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