I am grateful to barrister Sarah Robson for bringing my attention to the decision of HHJ Jarman QC in Akram v Aviva Insurance Ltd [2021] EW Misc 16 (CC). This is a case that highlights the flexibility the courts have…
In London Borough of Havering & Ors v Persons Unknown & Ors [2021] EWHC 2648 (QB) Mr Justice Nicklin had some clear warnings to give in relation to cases where local authorities had failed to pursue cases promptly after obtaining…
In Good Law Project Ltd, R (On the Application Of) v Secretary of State for Health and Social Care [2021] EWHC 2595 (TCC) Mr Justice Fraser issued a clear and stark warning that expert evidence has to comply with the…
In Beg v Beg & Ors [2021] EWHC 2598 (Ch) HHJ Cooke made some important points about the need for a case summary to be impartial. “A case summary, whether or not an agreed document, is intended to summarise the…
I am grateful to solicitor Benjamin T Petrecz for drawing my decision to the judgment in Barking, Havering & Redbridge University Hospitals NHS Trust v AKC [2021] EWHC 2607 (QB) Mrs Justice Steyn (sitting with an assessor Master Brown) allowed…
Later today I am presenting a webinar on interim payments. It is difficult, if not impossible, to discuss all possible permutations in relation to interim payments during a one hour slot and this post supplements the webinar. Here we look…
I am grateful to barrister Michael Lemmy for sending me a copy of the Court of Appeal judgment today in Buttar Construction Ltd -v- Arshdeep [2021] EWCA Civ 1408. The Court considered arguments about whether an interim payment should have…
The judgment of Deputy Master Brightwell in Willow Sports Ltd v Sportslocker24.com Ltd & Anor [2021] EWHC 2524 (Ch) is a reminder of how difficult it can be to obtain pre-action disclosure, particularly in commercial cases. It is also a…
In Discovery Land Company, LLC & Ors v Axis Specialty Europe SE [2021] EWHC 2146 (Comm) Peter MacDonald Eggers QC (sitting as a Deputy Judge of the High Court) set out some of the principles relating to costs budgeting, in…
This blog has looked, many times, at the inferences that courts draw when witnesses do not give evidence at court. In Royal Mail Group Ltd v Efobi [2021] UKSC 33 the Supreme Court made it clear that the principles involved…
Another interesting part of the judgment of ICC Judge Barber in CSB 123 Ltd, Re [2021] EWHC 2506 (Ch) is the judge’s findings in relation to the expert evidence. It is rare for a judge to state to an expert witness…
The judgment of ICC Judge Barber in CSB 123 Ltd, Re [2021] EWHC 2506 (Ch)is interesting for a large number of reasons. Not least the total failure of the applicant to establish major (if not all) parts of its case,…
There are twp other aspects of the Court of Appeal judgment in Poule Securities Ltd v Howe & Ors [2021] EWCA Civ 1373 that merit consideration. Firstly the claimant’s decision to make one application; the second related to concessions made…
In Poule Securities Ltd v Howe & Ors [2021] EWCA Civ 1373 the Court of Appeal considered the construction of an “unless” order. It was held that the date for compliance on the order had to be construed as the…
In the course of his judgment in The London Borough of Hackney v Grant& Ors [2021] EWHC 2548 (QB) Mr Justice Lavender considered the issue of service on persons unknown. WEBINAR ON SERVICE OF THE CLAIM FORM On the 24th…
In Axnoller Events Ltd v Brake & Anor (cross-examination on a draft witness statement) [2021] EWHC 2539 (Ch) HHJ Paul Matthews considered the unusual circumstances whereby a barrister gave evidence, and was cross-examined, on what happened at (or outside) a…
In Pharmagona Ltd v Taheri & Anor [2021] EWHC 2537 (Ch) Mr Justice Snowden refused an application by a claimant to issue an application for committal. A breach, if established, would be of the most technical kind. Further the defendants…
Several search terms that led people to this blog today related to the “arrogant tone of solicitor correspondence”. This seems like a good time to recap on Guidance and case law where, shall we say “assertive” correspondence has been considered…
In Elias & Anor v Blemain Finance Ltd [2021] EW Misc 15 (CC) HHJ Keyser QC overturned a decision allocation an action to the small claims track. The matter was re-allocated to the fast track. “… it seems to me…
There is another aspect of the judgment in Elgamal v Westminster City Council [2021] EWHC 2510 (QB) that needs consideration. The judgment on fundamental dishonesty was considered in the previous post. The defendant was unsuccessful in their appeal against the…
In Elgamal v Westminster City Council [2021] EWHC 2510 (QB) Mr Justice Jacobs rejected an appeal from a defendant that argued the trial judge should have found a claimant to be fundamentally dishonest. “The Defendant’s argument, based on the word…
In Edwards & Ors v Slater & Gordon UK Ltd [2021] EWHC B19 (Costs) Costs Judge Rowley considered several procedural issues in relation to ongoing solicitor and own-client assessments. THE CASE Some 134 cases are being brought by Clear Legal…
Every couple of years I repost the second post ever on this blog -“suing the man of straw”. The points made remain a surprise to many. An injured claimant may be able to recover unpaid damages from their own insurer….
Now that the nights are drawing in people’s thoughts will, almost invariably, be drawn towards matters of civil evidence and the need to prove things. To cater for this I am presenting six webinars , covering key aspects of civil…
We have seen many cases in relation to late service of the claim form. Different rules, and assumptions, apply to the particulars of claim. Over the years there have been many cases where service of the Particulars has caused…
In Trebisol Sud Ouest SAS & Anor v Berkley Finance Ltd & Ors [2021] EWHC 2494 (QB) Charles Morrison (sitting as a Deputy High Court Judge) considered the issue of whether the terms of Tomlin Order are enforceable within the…
In A (a minor) by her litigation friend FA -v- Akram [2021] EWHC 2467 (QB), 2021 WL 04111024 HHJ Bird (sitting as a High Court judge) rejected an argument that a nine year old child had been contributory negligent. It…
A number of people have kindly written to point out that issues relating to service of the claim form are in the news at the moment. The subject may have an interest beyond those of us involved in civil procedure. …
In Windmill Holdings SPV Ltd v Adams & Anor (LAND REGISTRATION – ADVERSE POSSESSION – evidence) [2021] UKUT 228 (LC) The Upper Tribunal (Lands Chamber), Judge Elizabeth Cooke, upheld the decision of the First-tier tribunal excluding certain evidence on the…
Since issues relating to personal service of proceedings are in the news this may a good time to review the principles. In Tseitline -v- Mikhelson [2015] EWHC 3065 (Comm) Mr Justice Phillips reviewed the rules as to whether effective personal…
In Blackpool Football Club Ltd v DSN [2021] EWCA Civ 1352 the Court of Appeal considered, and upheld, a decision on Section 33 where the discretion was exercised in favour of the claimant. This was in the context, however, of…
In Mahandru v Nielson [2021] EWHC 2297 (QB) Mrs Justice Steyn DBE considered what costs should be awarded when a respondent had successfully defended an appeal but not filed a costs schedule. The answer, in that case, was to simply…
The rules currently provide that application for permission to appeal to the judge who made the decision must be made to the lower court at the hearing at which the decision to be appealed was made. If an application is…
In Francis v F Berndes Ltd & Ors [2021] EWHC 2350 (Ch) Deputy Master Linwood dismissed the claimant’s application to resurrect an application to amend which had been made nine years previously. THE CASE The claimant brought an action…
Another amendment introduced by The Civil Procedure (Amendment No. 4) Rules 2021 is an addition to the definition section of CPR Part 2 to make it clear that the prohibition on “tape recording” extends to any other device that can be…
There is a new batch of rules coming into force on the 1st October 2021, introduced by The Civil Procedure (Amendment No. 4) Rules 2021. Here we look at the rules relating to interim payments. WHAT THE CHANGES DO…
So far this year there have been over half a dozen cases relating to mis-service of the claim form reported on this blog. In many of the cases the claimant’s difficulties appear to be virtually self-inflicted. Several of the cases…
There are some similarities between the case of Serene Construction Ltd v Salata and Associates Ltd & Ors [2021] EWHC 2433 (Ch) and the previous post in this series. In both cases the claimant’s case related to the valuation of…
After a consultation process the Ministry of Justice has produced “Court and Tribunal Fees The Government response to the consultation on ‘Increasing selected court fees and Help with Fees income thresholds by inflation’ IN A NUTSHELL Court fees will be…
We have looked before at the judgment of HHJ Hodge (sitting as a High Court judge) in Ahuja Investments Ltd v Victorygame Ltd & Anor (CONTRACT – Purchase of commercial investment property) [2021] EWHC 2382 (Ch). It is worth noting that…
If ever a case illustrated the dangers of not appreciating the rules as to service of the claim form. Dzekova -v- Thomas Eggar LLP [2015] EWHC 2600 (QB) which we have looked briefly before. It reveals a sorry tale of…
In Farnham-Oliver v RM Educational Resources Ltd [2021] EWHC 2418 (QB) Master Dagnall rejected an argument that personal injury proceedings, brought after employment proceedings had been settled, were an abuse of process. The settlement agreement had specifically stated that it…
The judgment of HHJ Hodge (sitting as a High Court judge) in Ahuja Investments Ltd v Victorygame Ltd & Anor (CONTRACT – Purchase of commercial investment property) [2021] EWHC 2382 (Ch) is one of interest to anyone involved in litigation…
In Paramount Shopfitting Company Ltd v Rix [2021] EWCA Civ 1172 the Court of Appeal rejected a defendant’s appeal in relation to the assessment of damages awarded to a widow. The widow’s husband had run a successful business. The fact that…
NB IN Mary-Ann Stojalowski v Bristol City Council [2024] EWCC 30 HHJ Blohm KC held that this case was “wrongly decided”, see the discussion here. I am grateful to Alex Bagnall from Total Legal Solutions for sending me a copy…
Sometimes it is interesting to see what happens in summary assessments. Very few are reported and looking at those that are can help litigators get a “feel” for the process. In this respect of the judgment of HHJ Matthews (sitting…
In Fraine v Foy [2021] EWHC 2302 (Ch) Master Clark refused an application to rely on expert evidence that was served the day before the hearing. The expert evidence was not relevant, not admissible and the application made far too…
In Jones & Anor v Lydon & Ors [2021] EWHC 2322 (Ch) Sir Anthony Mann refused an application for late amendment of the pleadings. A Note explaining the nature of the case cannot be used as a substitute for a…
In R5 Capital Ltd v Mitheridge Capital Management LLP [2021] EWHC 2316 (Ch) Deputy Master Raeburn highlighted the fact that the rules do not allow a Reply to be, or to appear to be, contradictory to the case set out…
In the judgment today in Aderounmu v Colvin [2021 EWHC 2293 (QB) Master Cook found that the claimant was not under a disability and the limitation period for bringing a personal injury action had expired. The Master exercised the discretion…
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