In Parkes v Hall & Ors [2021] EWHC 2824 (QB) Sir Andrew Nicol refused the defendants’ application for relief from sanctions following failure to comply with a peremptory order. THE CASE The defendants were ordered to file further particulars…
This is not the first time this blog has noted judicial comments on the need for realistic time estimates. This can be seen clearly in the judgment of HHJ Russen QC in Potgieter v Village [2021] EW Misc 18 (CC)….
In Rolfe & Ors v Veale Wasbrough Vizards LLP [2021] EWHC 2809 (QB) Master MCCloud granted the defendant summary judgment in an action for breach of data. “There is no credible case that distress or damage over a de minimis…
Whenever I report on an assessment of costs, for reasons that can only be guessed at, that post is always widely read. The judgment of HHJ Davis-White QC in Goodwin v Avison & Ors [2021] EWHC 2754 (Ch) involves…
I am grateful to Professor Dominic Regan for drawing my attention to the judgment of Mr Justice Kerr today in Equitix Eeef Biomass 2 Ltd v Fox & Ors [2021] EWHC 2781 (TCC). The judge rejected the notion that the…
Another aspect of the Court of Appeal judgment in Hirachand v Hirachand & Anor [2021] EWCA Civ 1498 was the Court of Appeal’s consideration of whether it was appropriate for the judge to take into account liabilities for costs under a…
In Milbrooke Construction Ltd v Jones [2021] EWHC B20 (Costs) Costs Judge Brown found that the reduction of a bill of costs by a major percentage can be grounds, in itself, for disallowing part of the receiving party’s costs of…
The judgment of Mrs Justice O’Farrell in Mansion Place Ltd v Fox Industrial Services Ltd [2021] EWHC 2747 is one of the first times the new provisions on witness statements in the Business and Property Courts have been considered by…
There is one passage in the Supreme Court judgment in Ho -v- Adelkun [2021] UKSC 43 that makes for interesting reading. The Supreme Court made it quite clear that, in procedural issues, the Civil Procedure Rules Committee is often a more…
In Hirachand v Hirachand & Anor [2021] EWCA Civ 1498 the Court of Appeal rejected an argument that a defendant, who had not filed an acknowledgement of service and had been debarred from taking part in the action, suffered injustice…
I gave a webinar earlier today where an interesting question was asked. If a husband and wife are giving evidence and they agree with each other, can one statement simply say “I agree with them”? This “agreement” of witness statements…
The last few months have seen a large number of cases where expert evidence has proved highly problematic (usually for the party calling the expert in question). On the 20th October 2021 I am giving a webinar “Expert Evidence -…
The judgment of Mr Justice Bryan in Lakatamia Shipping Co Ltd v Su & Ors [2021] EWHC 2702 (Comm) is essential reading for anyone contemplating making a wasted costs application. It is, of course, equally important for anyone defending such…
The problems of establishing liability when its cause is not certain are set out in the judgment of Mr Justice Robin Knowles in Savigar v Ainscough Crane Hire Ltd [2021] EWHC 2707 (QB). THE CASE The claimant suffered serious…
In Ovu v London Underground Ltd (duty of care) [2021] EWHC 2733 (QB) Master McCloud considered the duty of care owed to a trespasser. Her judgment starts with a reminder that this is a case about the death of a…
One particular aspect of the judgment in Optis Cellular Technology Inc & Anor v Apple Retail UK Ltd & Ors [2021] EWHC 2694 (Pat)that requires highlighting is the judge’s consideration of the use of “e-mail exploders” used by the parties when…
Alongside solicitor Hilary Wetherell I am presenting a day long course: Fatal Accidents: Law, Practice, Procedure and Compassion 2021. It is an online course on the 12th November 2021. Booking details are available here. THE COURSE This one day virtual course will take…
The previous post on the use of “precedents” in divorce petitions could lead civil lawyers to think that “this couldn’t happen here”. There are numerous examples in civil cases of witness statements being drafted to a plan. PRECEDENT WITNESS…
The judgment of Mr Justice Moor in Yorston & Ors, Re (Matrimonial Causes Act 1973: Improper Petitions) [2021] EWFC 80 makes interesting reading. The judge was considering a referral from a court which found that 28 divorce petitions, based on…
The judgment in Optis Cellular Technology Inc & Anor v Apple Retail UK Ltd & Ors [2021] EWHC 2694 (Pat) is one of the most extraordinary I have read. It concerns the important principle that draft judgments sent out by…
The judgment of HHJ Karen Walden-Smith in Nagpal v Kumar [2021] EW Misc 17 (CC) illustrates the difficulties faced by a party that requires permission to appeal out of time and wishes to adduce new evidence at the proposed appeal….
As part of a series of webinars on Civil Evidence I am presenting a webinar on witness statements on the 14th October 2021. Looking at rules and guidance relating to witness evidence and the importance of complying with them. Booking…
NB THE DECISION IN THIS CASE WAS OVERTURNED BY THE SUPREME COURT. THE SUPREME COURT ESSENTIALLY AGREEING WITH THE DISSENTING JUDGMENT OF BEAN LJ CONSIDERED IN THIS POST. THE SUPREME COURT DECISION IS DISCUSSED HERE. This is the third post…
NB THE COURT OF APPEAL DECISION WAS SUBSEQUENTLY OVERTURNED BY THE SUPREME COURT – SEE THE DECISION HERE. This is the second post about the Court of Appeal decision in Griffiths v Tui (UK) Ltd [2021] EWCA Civ 1442. Here we…
NB THE COURT OF APPEAL DECISION IN GRIFFITHS WAS OVERTURNED BY THE SUPREME COURT, SEE THE DISCUSSION HERE. This is the first of a series of posts that consider the Court of Appeal judgment in Griffiths v Tui (UK) Ltd…
In the judgment today in Ho -v- Adelkun [2021] UKSC 43 the Supreme Court considered the issue of set off and QOCS. The Court overturned the decision of the Court of Appeal and held that costs orders in favour of…
In Excotek Ltd v City Air Express Ltd & Anor [2021] EWHC 2615 (Comm) Mr Justice Henshaw granted a claimant relief from sanctions when it applied to serve Particulars of Claim over a year late. However the parties had agreed…
Adding to the regular supply of cases on service of the claim form on this blog is the decision of Mr Justice Fraser in Citysprint UK Ltd v Barts Health NHS Trust [2021] EWHC 2618 (TCC). This case contains a…
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…
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