I am presenting two webinars on the specific issue of loss of earnings in personal injury claims. The first, on the 9th September 2020, looks at recent cases, the impact of Ogden 8, claims for disability in the labour market…
A round up of blog posts and articles relating to civil procedure and coronavirus for August 2020. Remote Hearings Stewarts – Divisional Court judgment offers lessons for virtual trials Litigation Litigation Futures – NHS, solicitors and patients group agree Covid-19 claims…
A round up of blogs and articles about procedure, evidence and damages published in August 2020. Costs DAC Beachcroft – Beware of costs sanctions if your conduct falls out of line Costs Barrister – Crypto tokens and litigation funding ACL – Claimant debarred…
Earlier posts have looked at the importance of serving a notice of non-admittance of the authenticity of documents promptly. Here we look at the basics of the rule. Put bluntly if you do not serve a notice that you wish…
The loss, or reduction, of income due to a personal injury is one of the primary concerns to most victims. Loss of earnings is a matter that is often under-explored in many texts relating to damages. This is even more…
There has been much online discussion about the impact that the decision in Griffiths v TUI UK Ltd [2020] EWHC 2268 (QB) will have in relation to food poisoning cases and more generally. That case related specifically to the treatment of…
HMCTS has published a list of “Nightingale Courts. Details are available here. Site Address Opening date Business being heard East Pallant House East Pallant Chichester PO19 1TY Monday 20 July 2020 Civil work from Worthing County Court and family work from Worthing…
A “Nightingale Court” has started in Leeds from the 28th August 2020. It is being run at Cloth Hall Court, Quebec Street, Leeds. Below I have the formal notice from HMCTS and the guidance that has been issued to users…
In Glover v Barker & Ors [2020] EWCA Civ 1112 the Court of Appeal overturned a decision where costs were awarded against a litigation friend. It is a particularly important judgment for those acting as litigation friends for defendants. THE…
There are is brief passage in the judgment of Mr Recorder Allen QC in G v C [2020] EWFC B35 (OJ) (16 July 2020) that is of general application. “The communication has served to demonstrate Newton’s third law of…
The Civil Procedure (Amendment No. 5) (Coronavirus) Rules 2020 extend the stay on possession proceedings from the 23rd August to the 20th September 2020. THE RULES The rules can be found here. WHAT THE RULES DO The mechanism is…
On the 3rd September 2020 I am presenting a webinar on Pleadings (Statements of Case) for Personal Injury Lawyers. One of the issues being looked at is drafting a defence. One of the regular search terms that lead to this…
I wrote in July about the decision in Lexlaw Ltd v Zuberi [2020] EWHC 1855 (Ch) (10 July 2020) in relation to the validity of a damages based agreement. Practitioners may like to know that permission to appeal has been granted by…
In Holmes v S & B Concrete Ltd [2020] EWHC 2277 (QB) Mr Justice Martin Spencer considered the issues surrounding the claimant’s argument that the limitation period in a personal injury action was suspended when a company was wound up….
NB THIS DECISION WAS SUBSEQUENTLY OVERTURNED BY THE COURT OF APPEAL. THE COURT OF APPEAL JUDGMENT IS CONSIDERED HERE. In Griffiths v TUI UK Ltd [2020] EWHC 2268 (QB) Mr Justice Martin Spencer considered the question of the approach of…
A Protocol has been introduced between SCIL, NHS Resolution and AVMA, which deals with the conduct of personal injury litigation. Details can be found here. SUMMARY The press release has a useful summary “The protocol is wide-ranging, covering: moratoriums…
The previous post about the Court of Appeal decision today in relation to similar fact evidence provides an opportunity to recap on some basic principles. OVERVIEW OF THE RELEVANT PRINCIPLES A detailed review of the cases appears below. By…
In the judgment today in R v P (Children: Similar Fact Evidence) [2020] EWCA Civ 1088 the Court of Appeal set out the principles relating to similar fact evidence in civil and family cases. The case is also an example…
In LB v DB [2020] EWFC B34 (OJ) Deputy District Judge Hodson expressed his dissatisfaction with telephone hearings, but found that a zoom hearing worked. This has not been a platform viewed with favour by the court authorities, yet appears…
It is rare for this blog to look at Scottish cases. However the judgment of the Sheriff Appeal Court in APPEAL BY ANDREW WRIGHT v NATIONAL GALLERIES OF SCOTLAND [2020] ScotSAC Civ 6 raises an issue that is common to…
I am grateful to Sean Linley for sending me an excel version of the new Precedent T. It gives me another chance to remind people of the new rules that come into force and and post photos of cars that…
We looked earlier at the judgment of Master Cook in Jovicic & Ors v The Serbian Orthodox Church-Serbian Patriarchy [2020] EWHC 2229 (QB) in relation to late service of the claim form. That judgment also considers the wasted costs application….
The judgment today of HHJ Robinson (sitting as a judge of the High Court) in Campbell v Advantage Insurance Company Ltd [2020] EWHC 2210 (QB) makes interesting reading. 1. A claimant cannot properly argue that he was too drunk himself…
In the judgment given today in Secretary of State for Business, Energy And Industrial Strategy v Rahman [2020] EWHC 2213 (Ch) HHJ Paul Matthews found that the Secretary of State had failed to prove that the defendant had ever been…
The judgment of Master Cook in Jovicic & Ors v The Serbian Orthodox Church-Serbian Patriarchy [2020] EWHC 2229 (QB) provides an object lesson on the dangers of not serving the claim form well within the four month period. The judgment…
The new Costs Management Practice Direction comes into force on the 1st October 2020. It is set out in full below. SOME POINTS OF INTEREST The specific exclusion of cases where the claimant has a limited life expectancy (which…
In Chichester District Council v Sullivan & Ors (Rev 1) [2020] EWHC 2154 (QB) HHJ Auberbach considered the impact of the coronavirus pandemic on a decision to grant a mandatory injunction requiring the removal of caravans and mobile homes in…
Bankruptcies were rising prior to the Coronavirus pandemic. There are concerns that COVID may have made matters worse. This can have a knock on effect on personal injury litigants bringing a claim. Here is a reminder of 10 steps that…
In Halal Meat Sellers Committee Ltd & Anor v HMC (UK) Ltd [2020] EWHC 2190 (Comm) the court struck out the claimants’ claim as an abuse of process. It is interesting to note that the court indicated that there were…
In Article 39, R (on the application of) v Secretary of State for Education [2020] EWHC 2184 (Admin) Mrs Justice Lieven rejected a challenge to the validity of the Adoption and Children (Coronavirus) Amendment Regulations 2020. “In anything less than…
In the judgment today in Finsbury Food Group Plc v Dover [2020] EWHC 2176 (QB) Mrs Justice Lambert rejected the defendant’s arguments that counsel’s fees were not recoverable. “I do not accept that leaving the legal costs of valuing a…
The post yesterday on the decision in Gubarev & Anor v Orbis Business Intelligence Ltd & Anor [2020] EWHC 2167 (QB) mentioned the issue that the Divisional Court had with the way in which the claimant’s solicitors had attempted to dictate…
Issues relating to coronavirus still play a large part in the conduct of civil litigation. It is still worthwhile looking at those posts and articles that deal specifically with covid and the courts. Costs ACL – Gordon-Saker: Video and phone…
A round up of interesting posts and articles about civil procedure and costs from July 2020. Costs ACL – Gordon-Saker: Video and phone hearings will continue at SCCO after coronavirus Courts Litigation Futures – “Tsunami of post-Covid litigation” could overwhelm courts Remote…
REMOTE HEARINGS THE SOLICITOR’S DUTIES: (1) READ THE ORDERS MADE; (2) DO NOT BE IN CONTEMPT OF COURT
In the judgment today in Gubarev & Anor v Orbis Business Intelligence Ltd & Anor [2020] EWHC 2167 (QB) the Divisional Court sent out a clear message that lawyers must follow orders of the court. Live trials cannot be transmitted…
There is a comment on costs in the judgment of Judge Timothy Herrington in Financial Solutions (Euro) Limited -v- The Financial Conduct Authority [2020] UKUT 0243 (TCC) that has some wider implications, albeit that it is was a relatively unusual…
In the judgment today in Shagang Shipping Company Ltd v HNA Group Company Ltd [2020] UKSC 34 the Supreme Court sends out a clear message about the use (or rather non-use) of evidence obtained by torture in civil proceedings. This…
There is another aspect of the Court of Appeal decision in Cable v Liverpool Victoria Insurance Co Ltd [2020] EWCA Civ 1015 that justifies closer examination. That is the court’s observations on the judge’s finding of prejudice. The Court of Appeal…
In Manning & Napier Fund, Inc & Anor v Tesco Plc [2020] EWHC 2106 (Ch) Mr Justice Hildyard took the unusual step of deferring the claimants’ application for relief from sanctions in serving witness statements late. “Much or all of…
There is an interesting judgment on expert evidence at Domeney v Rees & Ors [2020] EWHC 2115 (QB), where Master Davis considered whether accident reconstruction evidence was necessary in relation to a trial. “We do not have trial by…
The number of cases dealing with issues relating to COVID have reduced. However issues still arise. In the judgement today in D-S (Contact With Children In Care: Covid-19) [2020] EWCA Civ 1031 the Court of Appeal set out clear principles…
In Barakat v Greycourt Ltd [2020] EWHC 643 (Ch) Mr Justice Fancourt granted relief from sanctions to an appellant whose appeal had been struck out without notice. One thing of note in this judgment is the order striking out the…
In the judgment today in Blackpool Borough Council v Volkerfitzpatrick Ltd [2020] EWHC 2128 (TCC) HHJ Stephen Davies, sitting as a judge of the High Court, considered the effect of a withdrawn Part 36 offer. There is an important consideration…
On the 9th September 2020 I am presenting a webinar on loss of earnings. This webinar looks at recent cases in relation to loss of earnings, and what they can tell us about evidence and the judicial approach to these…
The vast majority of people who read the cases discussed in this blog will (I would wager a bet) often be thinking “Was there a Part 36 offer?” “What happened about costs?” We can get a glimpse into these issues…
In Pegg v Webb & Anor [2020] EWHC 2095 (QB) tMr Justice Spencer overturned a finding of a trial judge that a claimant had not been fundamentally dishonest. The claimant had been dishonest in the failures to give full disclosure…
The Court of Appeal today gave judgment in Cable v Liverpool Victoria Insurance Co Ltd [2020] EWCA Civ 1015 and overturned the decision to strike out an action because it had been issued inappropriately using the portal and Part 8…
Senior Costs Judge Gordon-Saker has issued a Practice Note in relation to Practice in the Senior Courts Costs Office. “Introduction 1. As a result of the hard work and determination of the court staff and the willingness to adapt…
I am grateful to Sean Linley for sending me a copy of the new Precedent T that will apply to amended budgets after the 1st October 2020. You can see it here. Precedent T Example THE NEW RULES…
The judgment of HHJ Gore QC (sitting as a High Court judge) in Sivaji v Ministry of Defence [2020] EWHC 2006 (QB) makes interesting reading. It is an object lesson in the need to have an amended pleading to hand…
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