There is another aspect of the judgment in Finvest Holdings Sarl -v- Lovering [2021] 3WLUK 579 HHJ Pelling (sitting as a High Court Judge) that merits examination. The judgment emphasised the need for accurate time estimates. THE CASE The judge…
Another aspect of the judgement of Master Davison in Mustard v Flower & Ors [2021] EWHC 846 (QB) was a decision in relation to expert evidence. The Master refused the claimant’s application to rely on amended medical reports. Those reports…
In Mustard v Flower & Ors [2021] EWHC 846 (QB) Master Davison refused a defendant’s application to amend its defence to plead fundamental dishonesty on a “contingent” basis. The judgment deals with important issues as to how a defendant must…
In Finvest Holdings Sarl -v- Lovering [2021] 3WLUK 579 HHJ Pelling (sitting as a High Court Judge) granted a claimant relief from sanctions when the claimant failed to comply with a peremptory order. There is a detailed discussion of the…
An earlier post looked at the decision of Mr Justice Mostyn in Bux v The General Medical Council [2021] EWHC 762. Part of that judgment dealt with the duties of experts to disclose an interest they have in the case. This…
The post yesterday covering a case where counsel’s advice was altered led to some interesting discussions on Twitter. This led to a thread where one lawyer said that they had not been taught how to instruct counsel at any time…
In Barrow & Ors v Merret & Anor [2021] EWHC 792 (QB) Richard Hermer QC (sitting as a Deputy High Court Judge) considered the guidance given in Gestmin in the context of a road traffic accident. It is a reminder…
In Berkeley Square Holdings Ltd & Ors v Lancer Property Assets Management Ltd & Ors (Claimant amendment application) (Rev 1) [2021] EWHC 750 (Ch) Mr Robin Vos (sitting as a judge of the Chancery Division) rejected an argument that a…
Someone reading counsel’s advice would normally assume that they were reading all of it. There is a danger (I have not seen before) of advices being altered before being passed on. In Equitable Law Capital, Re [2021] EWHC 763 (Ch)…
The judgment of HHJ Hodge QC (sitting as a High Court judge) in Wigan Borough Council v Scullindale Global Ltd & Ors [2021] EWHC 779 (Ch) has much of interest. The judge’s observation that “one of the particular pleasures of…
In Sir Henry Royce Memorial Foundation v Hardy [2021] EWHC 817 (Ch) HHJ Paul Matthews (sitting as a High Court judge) awarded indemnity costs against a litigant in person. “There are not two sets of rules for litigation in this…
In SKX v Manchester City Council [2021] EWHC 782 (QB) Mr Justice Cavanagh considered the exercise of the discretion under Section 33 in the context of a claim for sexual abuse. The context was somewhat unusual in that the judge…
In Mather v Ministry of Defence [2021] EWHC 811 (QB) Mr Justice Freedman refused the claimant’s application for a split trial. “The law reports are littered with cases where a preliminary issue seemed a good cost-saving exercise, but where…
Today is April 1st. The headline to this post may be slightly deceptive, but for good reason. I wanted an opportunity to thank the many dozens of people who were kind enough to support my 10,000 steps a day in…
My colleagues Craig Ralph and Andrew Hogan have delivered a webinar “Personal Injury Costs 2021” which is now available on the Kings Chambers website. THE WEBINAR The webinar takes you through the hot topics relating to personal injury costs. …
I am delighted to report that from today I have become an associate tenant at 4-5 Gray’s Inn Square. THE ANNOUNCEMENT “A huge welcome to Gordon Exall who joins 4-5 as an Associate Tenant. He brings first class expertise…
WITNESS STATEMENTS IN THE BUSINESS AND PROPERT COURTS: GESTMIN PRINCIPLES NOW ENSHRINED IN THE RULES
From the 6th April this year some of the key principles from the judgment in Gestmin SGPS S.A. -v- Credit Suisse [2013] EWCA 3560 (Comm) are effectively enshrined into the rules. Key parts of the Gestmin principles are included in the Appendix to…
Every litigator and, particularly, every expert witness should have a very close read of the judgment of Mr Justice Mostyn in Bux v The General Medical Council [2021] EWHC 762. Although it is a decision in the administrative court it…
A regular search term that leads people to this blog is “can a solicitor sign a statement of truth on behalf of a client?” The answer is yes, for some documents at least. The lawyer has to remember (i) what…
The judgment of Mr Justice Lane in Ibrahim v London Borough of Haringey & Anor [2021] EWHC 731 shows an unsuccessful attempt to argue that the “overriding objective” justified a preliminary finding made after the court did not hear evidence….
I am grateful to my colleague Michael Rawlinson QC for sending me a copy of the Court of Appeal judgment in Lipton -v- BA City Flyer Limited [2021] EWCA Civ 454. The judgment of Lord Justice Green contains a comprehensive…
The law of limitation for Fatal Accidents Act claims for children is often misunderstood. Here we look at the limitation period in relation to fatal accident claims and children. There are two issues: the limitation period when any of…
This blog has looked in detail at the rule changes coming into force early next month. In particular there is a need for the whole process of taking witness statements to be transparent. Lawyers are enjoined not to ask leading…
The judgment of HH Judge Davis-White QC (sitting as a High Court Judge) in The British University in Dubai v Ebrahimi [2021] EWHC 757 (Ch) contains clear findings of fact in relation to three witnesses. Among the matters of interest…
In Balls v Reeve & Anor [2021] EWHC 751 (QB) David Pittaway QC (sitting as a Deputy Judge of the High Court) found that the claimant’s date of knowledge was not more than three years prior to issue. THE CASE…
The Law Society Gazette carries a report of the decision of Regional Costs Judge Rouine in Swann -v- Slater & Gordon. The judge decided that the existence of a cap on costs liability of 25% indicated that a claimant/client had…
The title of this piece is a search term that led someone to this blog today. Again it caused me to repeat a point made several years ago on this blog. THE DIFFERENCE BETWEEN EVIDENCE AND SUBMISSIONS In a…
The Law Society Gazette today has an article by John Hyde “Prosecute the firms that force junior solicitors to cover up mistakes”. The central thrust of the argument is that there has to be a duty on firms employing lawyers…
Workload is likely to be the main source of stress for most litigators. The very basic issue of what is an appropriate caseload for litigators is often complained about but rarely analysed. Here we look at one sensible, and wholly…
The judgment of John Kimbell QC (sitting as a Deputy High Court Judge) in One Blackfriars Ltd, Re [2021] EWHC 684 (Ch) provides a reminder as to why the strictures as to witness statements are being tightened next month. “It…
The post yesterday on making mistakes as a young lawyer got a lot of attention and comment. For that reason I have decided to re-post something on the same vein. This post is based on guidance given on Twitter in…
There have been reports today of an overturning of an SRA decision, with remission back to the SDT, of a case of a young solicitor who made the mistake of leaving documents on a train. The real issue came with…
It may seem strange to link the highly important Court of Appeal decision in Warren & Ors v R. [2021] EWCA Crim 413 with modern civil litigation. However this is an important case and there are direct parallels to many…
I am grateful to Mark Carlisle for sending me a copy of the judgment of Master Brown in Erlam -v- Edmonds Marshall McMahon Limited (SCCO – 19th November 2020 – a copy available here Erlam v Edmonds Marshall McMahon Ltd…
In McFarland-Cruickshanks v England Kerr Hands Solicitors Ltd [2021] EWHC 525 (Comm) HHK Worster (sitting as a High Court Judge) granted an application to strike out the defence and counterclaim and for summary judgment. The claimant was a barrister suing…
In June this year I am presenting a series of six webinars which deal with major aspects of a claim for damages for personal injury. This series goes through each major element of a claim for damages, looking at…
It is difficult to understate the depth and breadth of the new rules coming into force on the 6th April in the BPC. One good example is the fact that the person taking a witness statement has got to learn…
An earlier post looked at the construction of the Part 36 offer in Kings Security Systems Ltd v King & Anor [2021] EWHC 653 (Ch) Andrew Lenon Q.C. (sitting as a Deputy Judge of the Chancery Division). Here we look at…
In Kings Security Systems Ltd v King & Anor [2021] EWHC 653 (Ch) Andrew Lenon Q.C. (sitting as a Deputy Judge of the Chancery Division) rejected the defendants’ arguments that an ambiguity as to the date meant that a Part…
If you thought that electronic bundles were the panacea that was going to put an end to the numerous posts on this blog recording (largely) judicial criticisms of bundles, think again. The judgment today of HHJ Cawson QC, sitting as…
In Barclay-Watt & Ors v Alpha Panareti Public Ltd & Ors [2021] EWHC 642 (Comm) Sir Michael Burton (sitting as a High Court Judge) granted a defendants’ application to rely on witness statements mistakenly disclosed by the claimant. “The…
In Smith v London Borough of Haringey [2021] EWHC 615 (QB) Master David Cook found a claimant to be fundamentally dishonest. A failure to disclose previous back problems, coupled with an exaggeration of her medical condition was found to be…
In the judgment today in Seabrook v Adam [2021] EWCA Civ 382 the Court of Appeal considered when a Part 36 offer to accept a reduced percentage on liability was effective when only causation was in dispute. It was held…
In PGH Investments Ltd v Ewing [2021] EWHC 533 (Ch) Deputy ICC Judge Passfield considered questions of evidence in relation to the provisions that prevent winding up of a company when it can establish that its financial state is due…
When I wrote earlier about the decision in Various Claimants v G4S Plc [2021] EWHC 524 (Ch) I noted that it required more than one post. Here we look at the judge’s decision in relation to relief from sanctions. Relief was…
In the judgment today in DVP & Ors, R (On the Application Of) v The Secretary of State for the Home Department [2021] EWHC 606 (Admin) the Administrative Court exercised considered a case referred to it under the “Hamid” jurisdiction…
There judgment in the heartbreaking case of The NHS Trust v The Parents & S [2021] EWHC 594 (Fam) raises many issues. Here I want to highlight one aspect of legal funding , (along with pointing to the magnificent steps…
In Calderdale & Huddersfield NHS Foundation Trust v Metcalf [2021] EWHC 611 (QB) Mr Justice Griffiths sentenced a claimant to six months imprisonment following the exaggeration of a claim for damages. “She was, by her contempt of court, effectively stealing…
The judgment of HHK Keyser QC (sitting as a High Court judge) in Mundil-Williams v Williams & Ors [2021] EWHC 586 (Ch) serves as a reminder of the importance of contemporary attendance notes as a source of evidence. “the best…
The case of Various Claimants v G4S Plc [2021] EWHC 524 (Ch)is one that bristles with procedural issues. Here we look at one issue – the judge striking out the claimants that were added after issue of the claim form…
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