In Philipp v Barclays Bank UK Plc [2022] EWCA Civ 318 the Court of Appeal allowed an appeal against an order giving the defendant summary judgment in favour of the defendant bank. The court emphasised that summary judgment applications should…
Over the past few months this blog has covered several cases where clinical negligence cases have been determined, ultimately, on the accuracy of witness recollection. For example the judgment of Mr Justice Ritchie in Watson v Lancashire Teaching Hospitals NHS…
In TRX v Southampton Football Club Ltd [2022] EWHC B7 (Costs) Master Brown held that a low value personal injury case, arising from allegations of abuse, should be dealt with by a Grade C fee earner. This not authority for…
In Farrar & Anor v Miller [2022] EWCA Civ 295 the Court of Appeal upheld a decision that a firm of solicitors could not continue an action that had been assigned to them by their client. “a champertous agreement…
It is rare for me to write about judgments from secondary sources. However the judgment of Senior Master Fontaine in Patricia Andrews & Ors v Kronospan Limited [2022] EWHC 479 (QB) is noted in two reliable sources and it is a case…
In Butt, R (on the application of) v Secretary of State for the Home Department (Indemnity costs) [2022] UKUT 69 (IAC) the Upper Tribunal found that it had power to order indemnity costs, further, on the facts of this case…
The judgment of Deputy Master Scher in Miah v Ullah [2021] EWHC 3712 (Ch) contains an important reminder of the rigorous test a party has to meet when they fail to appear at a trial. The Master found that the…
In Greencastle MM LLP v Payne & Ors [2022] EWHC 438 (IPEC) Mr Justice Fancourt was highly critical of the way in which witness statements on behalf of a claimant had been drafted. The statements involved wholesale breaches of the…
Another aspect of the judgment of Mr Justice Nicklin in SMO v Tiktok Inc & Ors [2022] EWHC 489 (QB) relates to the claimant’s application to serve the claim form by alternative method. This case illustrates how difficult this order…
There are a number of issues relating to service of the claim form in the judgment of Mr Justice Nicklin in SMO v Tiktok Inc & Ors [2022] EWHC 489 (QB). Here we look at the judge’s refusal to grant…
There are 5 million self-employed people in the United Kingdom making up 15.5% of the workforce. A self-employed person (including directors of small companies) face particular difficulties when seeking to recover loss of earnings after being injured. Similarly those who…
In Barclays Bank UK Public Ltd Co v London Plastic Surgeons Ltd [2021] EWHC 3698 (QB) Master McCloud considered a difficult issue relating to joinder when a defendant (who had been served) wished to bring proceedings against as defendant (who…
An earlier post looked at the judgment of HHJ Walden-Smith in Stannard -v- Euro Garages Ltd [2022] EW Misc 3 (CC). There is another aspect of that judgment which is of interest. The defendant were relying on surveillance evidence. However the…
In Stannard -v- Euro Garages Ltd [2022] EW Misc 3 (CC) HHJ Walden-Smith dismissed the defendant’s application that the issue of alleged fundamental dishonesty be heard as a preliminary issue and the action struck out. The judge held it was…
In Preston v Beaumont [2022] EWHC 440 (Ch) Richard Farnhill, sitting as a Deputy Judge of the Chancery Division, found that a successful respondent to an appeal could not recover costs. There had been a failure to comply with the…
I first wrote about this issue in 2016. This went on to be part of a short series, such were the responses at the time. Appropriate workload is an important issue and relatively little is written about it. The issue…
Dr Rachel Segal of St John’s Chambers periodically updates a guide to cases relating to Denton and relief from sanctions. The latest edition was published on 1st March 2022 and is available here. There are around 50 new cases…
Today being St David’s Day I was looking for some material from Wales to celebrate. I came across guidance from Young Lawyers in New South Wales. The principles set out are universal. HOW TO SURVIVE AND THRIVE This is…
In Helios Oryx Ltd v Trustco Group Holdings Ltd [2022] EWCA Civ 236 the Court of Appeal dismissed an appellant’s application for relief from sanctions where there had been a failure to comply with a peremptory order given as a…
In FKJ v RVT & Ors [2022] EWHC 411 (QB) Mrs Justice Collins Rice upheld a decision that a claimant’s Part 36 offer could not be used in interlocutory proceedings. This is a decision on its own facts and the…
There are rules governing the citation of judgments refusing permission to appeal. However the judgment of Lord Justice Coulson in PGI Group Ltd v Thomas & Ors (Application for Permission to Appeal) [2022] EWCA Civ 233 has been put on BAILII…
In Clarkson v Future Resources FZE & Ors [2022] EWCA Civ 230 the Court of Appeal upheld a judge’s decision not to allow the defendants permission to withdraw an admission. It is an important reminder of the quality of the…
There are passages in the judgment of Recorder Douglas Campbell QC in ASR Interiors Ltd v AWS Trading Ltd & Anor [2022] EWHC 372 (IPEC) which demonstrate a remarkably “relaxed” attitude to giving evidence in court by one of the…
The judgment in HM Attorney General for England And Wales v British Broadcasting Corporation (BBC) [2022] EWHC 380 (QB) relates to confidentiality and spies. It also contains some important observations on the information needed, and formal requirements, when a witness…
The “Proving Things” series on this blog often looks at cases relating to loss of income. Recent cases on this topic are explored in a webinar on the 7th March 2022: Claims for Loss of Earnings: Learning from Recent Cases,…
In SPS Groundworks & Building Ltd v Mahil [2022] EWHC 371 (QB) Mr Justice Cotter reiterated the point that statements of case are important. Any issue as to the scope of the pleadings should be determined at the outset of…
It is difficult to envisage a more apposite tribunal than Charles Hollander QC when matters relating to documentary evidence are in issue. This makes the reading of the decision in Kyla Shipping Co Ltd & Anor v Freight Trading Ltd…
I am here re-visiting a series of posts from 2016, where we looked at guidance given to advocates by judges. As part of the series looking at the advice that judges give to advocates (and how this relates to civil…
I am grateful to barrister James Miller for sending me a copy of the decision of District Judge Corkhill in the case of Gill -v- Barnsley Canister Company Ltd, a copy of which is available here Gill v Barnsley Canister…
In Farrer & Co LLP v Meyer [2022] EWHC 362 (QB) Mr Justice Kerr refused to set aside a long-standing judgment on a bill for solicitor’s costs. The judgment also considered the importance of s.1140 of the Companies Act 2006….
The judgment of Senior Costs Judge Gordon-Saker in ST v ZY [2022] EWHC B5 (Costs) highlights many problem areas in relation to fatal accident litigation and the assessment of costs. In particular it is prudent to take early steps to…
In Rea & Ors v Rea [2022] EWCA Civ 195 the Court of Appeal (hearing a 2nd tier appeal) overturned a decision of the trial judge and ordered a re-trial when the appellants had not been given an opportunity to…
This webinar looks at the law and practice relating to children as claimants and defendants. It also looks at those cases where allegations are made against those who had care of the children and vicarious liability for the acts of…
The decision of HHJ Gosnell (sitting as a High Court Judge) in Richard Slade And Company Plc v Erlam [2022] EWHC 325 (QB) relates to the assessment of solicitor and own client bills. However the appeal also gave rise to…
In Vale SA v Steinmetz & Ors [2022] EWHC 343 (Comm) Mr Justice Andrew Baker decided an unusual issue. Rather than allow claimants to discontinue the action he dismissed it. THE CASE The parties were part way through a trial,…
In Cardiff City Football Club (Holdings) Ltd, Re [2022] EWHC 322 (Ch) Mr Justice Adam Johnson found himself deciding matters relating to the pleading of the action, the scope of the trial and the admissibility of witness evidence on the…
In The Counsel General for Wales, R (On the Application Of) v The Secretary of State for Business, Energy and Industrial Strategy [2022] EWCA Civ 181 the Master of the Rolls identified two previous cases where breach of embargoed judgments had…
In The Counsel General for Wales, R (On the Application Of) v The Secretary of State for Business, Energy and Industrial Strategy [2022] EWCA Civ 181 the Master of the Rolls set out a clear and unambiguous warning in relation…
In ED & F Man Capital Markets Ltd v Come Harvest Holdings Ltd & Ors [2022] EWHC 229 (Comm) Mr Justice Calver considered a case where Wechat messages had been “lost”. The judge concluded that the “loss” was deliberate and…
As part of a series of webinars by Kings Chambers Costs and Funding Group I recently recorded a webinar on Part 36 Recent cases and what they can teach us. One case, in particular, cause some comment and questions from…
In Vardy v Rooney & Anor [2022] EWHC 304 (QB) Mrs Justice Steyn refused the defendant’s application for joinder of an additional party. One major element in that decision was the delay in making the application, and the total absence…
In Rapid Displays Inc & Anor v Ahkye & Anor [2022] EWHC 274 (Comm) HHJ Pearce (sitting as a judge of the High Court) refused the defendants’ application for relief from sanctions. That application was heard alongside the claimant’s application…
There are two distinct issues arising from the judgment of HHJ Pelling QC (sitting as a High Court judge) in Various Airfinance Leasing Companies & Ors v Saudi Arabian Airlines Corporation [2021] EWHC 3509 (Comm). The first relates to the…
In Kelly v Ralli Ltd [2022] EWHC B5 (Costs) Cost Judge Rowley found that a claimant had failed to serve a claim form at the correct address. The action therefore failed. “The rules governing service are clear that it is the…
In Crypto Open Patent Alliance v Wright [2022] EWHC 242 (Ch) HHJ Paul Matthews (sitting as a High Court Judge) made some trenchant observations in relation to arguments about costs on summary assessment. The criticisms of the way that litigation…
A minor amendment is being made to CPR Part 39. The amendment enables any person not to be named if the court thinks this necessary. The rule is no longer confined to a party or witness. Amendment of Part 39…
There is an interesting discussion of capacity to litigate in the judgment of Mr Justice Mostyn in Richardson-Ruhan v Ruhan & Ors [2021] EWFC 6. It is also worth remarking on the judge’s comments on how the expert’s evidence in…
The new rules reflect the fact that the small claims limit for personal injury damages now requires a figure of £1,500 for pain and suffering, there are specific provisions in relation to road traffic accidents. The rules change the statement…
In Leave.EU Group Ltd & Anor v The Information Commissioner [2022] EWCA Civ 109 the Court of Appeal considered the appropriate step when an appellant failed to attend an appeal. The Master of the Rolls held that the Court had…
The new Queen’s Bench Division Guide was published yesterday and is available here. THE CHANGES “Changes in the guide include: Interim and out of hours applications Urgent and Short Applications before the Masters Electronic bundles The procedure for issuing…
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