In SLF Associates Inc v (1) HSBC (UK) Bank Plc & Ors [2021] EWHC 5 (Ch) Master Kaye pointed out that taking photographs of participants in a remote court was unlawful. THE CASE The Master was giving judgment in a…
In April this year those practising in the Business and Property Courts will be subject to much more stringent requirements in relation to the preparation of witness statements relating to trial. The lawyer conducting the case will have to sign…
Last year we looked at the report of the Witness Evidence Working Group for the Business and Property Courts. This set out why changes were needed to the drafting of witness statements in those courts. Some of the proposals in…
A round up of posts and articles relating to civil procedure from November 2020. COSTS ACL – Definition of proportionality to be expanded to include vulnerability ACL – High Court upholds assessment of success fee in high-value clinical negligence case ACL – Supreme…
The previous post dealt with a case where a defendant succeeded on appeal because a claimant failed to establish causation. It is interesting to look at actions where this issue of causation has been considered. In Chisholm v D & R Hankins…
The judgment of Mrs Justice Foster in Norfolk County Council v Durrant [2020] EWHC 3590 (QB) illustrates how it is essential for a claimant to prove causation in a case based on negligence. It also highlights the need to consider,…
Needless to say this has been an unusual year for litigators. It is always interesting to review what have been the most popular posts on this blog and look at some facts and figures. Can we tell anything about the…
REVIEW OF CIVIL PROCEDURE IN 2020 2: BEST WRITING ON CIVIL PROCEDURE DURING THE YEAR: TWO WISE KINGS
This year saw a explosion of legal writing as everyone had to get to grips with the procedural mayhem that resulted in lockdown. This is an appropriate time to pay tribute to all those who wrote. Some of the best…
My lawyers of the year for 2020 both embodied everything that is good about the legal profession. Both cared about the law; both wrote about the law and were involved in informing and educating others ; both performed the, extremely…
The judgment of Mr Justice Calver in Ipsum Capital Ltd v Lyall & Ors [2020] EWHC 3508 (Comm) shows the dangers of serving documents by email. The judge held that service of a defence by email was not good service…
I am grateful to Paul Wainwright for sending me a copy of the judgment of District Judge Baldwin in Godfrey -v- Automotive Products Limited (17th December 2020). This decision, by the regional costs judge, considers whether a claimant in a…
This year has been a boom year for the “opening lines of a judgment” contest. The search has gone international and these opening lines tell us much about the legal world, and life, in 2020. There are so many good…
In Nur & Anor, R (On the Application Of) v Birmingham City Council [2020] EWHC 3526 (Admin) Mr David Lock QC (sitting as a Deputy High Court Judge) commented on the failure of the defendant council to comply with the…
With more than a little help from my friends the winning entry of the 2020 Legal Christmas Music Contest has been recorded and is available for everyone to see and hear (and join in) on YouTube. THE WINNER The song…
The judgment of HHJ Keyser QC in Arag Plc v Jones & Anor [2020] EWHC 3484 (Comm) is, on the face of it, a technical issue about the right of an insurer to claim a contribution. The key issue here,…
Citizens Advice offers confidential advice online, over the phone, and in person, for free. Through our national network of charities, we give people the knowledge and the confidence they need to find their way forward – whoever they are, and…
In Secretary of State for Business Energy And Industrial Strategy v Evans & Anor [2020] EWHC 3519 (Ch) (18 December 2020) Deputy Insolvency and Companies Court Judge Baister had something to say about the absence of plain language in the…
The judgment of Mr Justice Pepperall in R.G. Carter Projects Ltd v CUA Property Ltd [2020] EWHC 3417 (TCC) is interesting for a number of reasons. Firstly it encapsulates the principle that a party amending their pleadings must normally pay…
In Masten v London Britannia Hotel Ltd [2020] EWHC B31 (Costs) Mr Leonard refused to set aside a default costs certificate. This serves as a salutary warning of the importance of time limits. Further the Master observed that if a…
The judgment is Scottow -v- Crown Prosecution Service [2020] EWHC 3421 (Admin) is of interest for many reasons. This, however, is a blog about procedure. It is worthwhile looking at the comments that the Divisional Court made about the way…
This is a note about a hearing I was involved in today (16th December 2020). A decision by Deputy Master Yoxall. For various reasons I cannot name the parties, however I have my Instructing Solicitors’ permission to set out the…
In many ways the judgment Young v Downey [2020] EWHC 3457 (QB) is an extraordinary case, involving a terrorist killing taking place in 1982. On the other hand it shows a principle of general application in the assessment of fatal…
In IC v RC [2020] EWHC 2997 (Fam) Mrs Justice Knowles had to consider the Denton criteria and the slip rule. It also serves as an important warning to anyone undertaking the task of drafting a court order. “I…
Instructing experts in circumstances where they are not necessary, or their evidence is not admissible, is a common theme in litigation. This issue was considered by Mr David Stone (sitting as a Deputy High Court Judge) in Rothy’s Inc v…
Draft judgments are often sent to parties in advance, but sent out on an “embargoed” basis – not to be disclosed until after the date they are formally handed down. Recent comments on Twitter leads me to think that this…
In Colley v Shuker & Ors [2020] EWHC 3433 (QB) Mr Justice Freedman held that the MIB was directly liable to compensate an injured passenger in circumstances where the passenger knew that a driver was not insured. THE CASE The…
In Pinnegar v Kellogg International Corporation & Anor [2020] EWHC 3431 (QB) HHJ Platts (sitting as a High Court judge) considered the weight to be given to evidence of matters that had happened some 50 years previously. It shows that…
Some jobs have “fringe benefits” which provide an important part of the employee’s overall remuneration. There are many examples of these benefits being claimed as damages. Here we look at some cases where the courts have considered the issue of…
Last week I wrote about the defendant’s unsuccessful appeal in Azam v University Hospital Birmingham NHS Foundation Trust [2020] EWHC 3384 (QB). I have been sent a copy of the initial judgment of HHJ Rawlings (2nd September 2019), by barrister John…
In November I wrote that there had been a lull in reported cases relating to service of the claim form. As predicted that lull did not last long. In Ideal Shopping Direct Ltd & Ors v Visa Europe Ltd &…
A post earlier this week considered the “Chorley” principle in relation to a solicitor litigating and recovering their costs. I am grateful to my colleague Matthew Smith for sending me a copy of the judgment of Master Rowley in the…
In Azam v University Hospital Birmingham NHS Foundation Trust [2020] EWHC 3384 (QB) Mr Justice Saini dismissed a defendant’s appeal when a trial judge had allowed the claimant’s application under Section 33 of the Limitation Act 1980. This judgment highlights…
In Haskell v Haskell [2020] EWFC 92 Mr Justice Mostyn held than application under the Debtors Act 1869 is broadly equivalent to an application for committal and legal aid should be awarded. THE CASE The applicant made an application under…
Here we return to the basic issue of proving loss of income. This often applies in personal injury action, but is an issue that can arise in several other types of litigation. We have a questionnaire on the single issue…
In Gray v Global Energy Horizons Corporation [2020] EWCA Civ 1668 the Court of Appeal expressed severe reservations about permission to appeal findings of fact having been granted. The judgment indicates that, where findings of fact are challenged, the responding…
To help 2021 run smoothly for litigators I am presenting a series of webinars in February and March on the theme of “staying safe” in the running of personal injury cases. The webinars look at key areas of practice and…
The basic task of proving damages, particularly elements such as loss of earnings and disability in the labour market, are often overlooked in witness statements prepared for trial, both in personal injury actions and other actions were loss of income…
I started the day with a look at guidance for remote hearings. As is often the way more useful guidance came out this morning in Bloomberg Law “Wear Pants, Sequester Pets: Five Tips From Judges for Zoom Court”. THE GUIDANCE…
In JH v CH & SAP (Costs: the Chorley principle, Litigants in person) [2020] EWCOP 63 HHJ Evans-Gordon considered the “Chorley principle”, the principle that allows a solicitor personally involved in litigation to recover their costs. The judge held that…
Lawyers all over the world are getting to grips with advocacy via a computer screen. This is an opportune time to look at the useful guidance out their for those undertaking and preparing hearings and trials that are heard remotely….
In Diamond v Secretary of State for the Home Department [2020] EWHC 3313 Mr Justice Calver considered the weight to be attached to witness statements that did not comply with the Civil Procedure Rules. The case shows why everyone should…
In Neurim Pharmaceuticals (1991) Ltd & Anor v Generics UK Ltd (t\a MYLAN) [2020] EWHC 3270 (Pat) Mr Justice Marcus Smith made some observations about the role of the expert witness and the importance of their evidence being criticised in…
A look at blogs and articles about coronavirus, law and lawyers from November 2020. CORONAVIRUS LAW Gov.uk – Coronavirus Act report: November 2020 COURTS Herbert Smith Freehills – LORD CHIEF JUSTICE’S REPORT 2020: COURTS IN STRONG POSITION DESPITE PANDEMIC RPC – To MAE…
This round up covers specific posts and articles in relation to civil procedure from November 2020. COSTS ACL – Lacuna identified in criminal legal aid rules for civil committal proceedings ACL – QOCS does not apply to pre-issue applications, court rules ACL…
Readers have been waiting, with anticipation, for cases about electronic bundles. The judgment of HHJ Pearce in Global Technologies Racing Ltd v 5 West (t/a Alex Thomson Racing) [2020] EWHC 3334 (Comm) shows the problems that can occur in relation…
There have been several features on this blog about the problems that insolvency causes to personal injury litigants. Both in terms of the claimant being bankrupt and also the difficulties in pursuing insolvent defendants. These issues are looked at in…
The comments of Mr Justice Murray today in Guest Supplies Intl Ltd v South Place Hotel Ltd & Anor [2020] EWHC 3307 (QB) repeat what has been mentioned numerous times on this blog. “It will perhaps be seen from…
The judgment of Master Davison in Komives v Hick Lane Bedding Ltd & Anor [2020] EWHC 3288 (QB) highlights an area of law which, as the Master stated, is “defective an unfair”- an insurer was entitled to avoid an employer’s…
There is much that is interesting to read in the judgment of David Lock QC (sitting as a High Court Judge) in Constance v Ministry of Defence & Anor [2020] EWHC 3029 (QB). One interesting point is the defendant’s interesting,…
I am looking again at the judgment of HHJ Hodge QC in Cohen v Fine & Ors [2020] EWHC 3278 (Ch) a because, in concentrating on the issues relating to hourly rates, the other important part of the judgment may…
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