The judgment of Master Davison in Vale SA v BSG Resources Ltd & Anor [2020] EWHC 2021 (Comm) contains some interesting observations on the “state of litigation”. “The points taken on Mr Cramer’s behalf were not a mixture of…
The 122nd update Practice Direction Amendments come into force on the 1st October 2020. Some of the changes relate to costs budgeting. We will look at these in more detail nearer the time they come into force. So that people…
The 122nd update Practice Direction Amendments come into force on the 1st October 2020. We have already looked at the changes to the rules relating to proceedings for contempt. Here we look at the change relating to the declaration that…
I often do an annual review of opening lines of judgments. This review has never had any jurisdictional limits. For that reason I am able to review the judgment yesterday of the United States Court of Appeals for the Ninth…
The question on the indemnity principle and in-house lawyers was another costs issue considered by Mostyn J in Kuznetsov, R (On the Application Of) v London Borough of Camden [2019] EWHC 3910 (Admin). The judge rejected an argument that the successful…
The previous post looked at the judgment in Kuznetsov, R (On the Application Of) v London Borough of Camden [2019] EWHC 3910 (Admin). In that judgment Mostyn J stated that there was no authority on the issue of the criteria when…
We are looking again (and not for the last time) at the decision of Mr Justice Mostyn in Kuznetsov, R (On the Application Of) v London Borough of Camden [2019] EWHC 3910 (Admin). This time on the question on the…
The judgment of Mr Justice Mostyn in Kuznetsov, R (On the Application Of) v London Borough of Camden [2019] EWHC 3910 (Admin)has a number of elements that are of interest to costs lawyers, and litigators generally. I am going to…
The judgment of the Court of Appeal today in C (A Child) [2020] EWCA Civ 987 is an example of a problem that abounds in these days of remote and “hybrid” hearings. The Court allowed an appeal against a refusal…
The Kings Chambers’ blog contains the full text of a letter from Susan Acland-Hood relating to the wearing of face coverings in court and tribunal buildings from Monday the 27th July 2020. WEARING FACE COVERINGS IN THE PUBLIC AREAS…
I am grateful to barrister Sarah Robson for sending me a copy of the decision of Master Haworth in Coleman -v- Townsend [SCC Senior Court Costs Office 13th July 2020). A copy of which is available here Final Judgment Coleman…
In Dutta, R (On the Application Of) v General Medical Council (GMC) [2020] EWHC 1974 (Admin) Mr Justice Warby set out a powerful critique of the reasoning given by the Medical Practitioners Tribunal. The judgment contains an essential summary of…
In Akay v Newcastle University [2020] EWHC 1669 (QB) Mr Justice Lavender upheld an earlier decision that a personal injury action be struck out as an abuse of process. “If it was to be alleged that the judge failed…
There are several recent cases where judges deal with the issue of credibility and witnesses. The first we are looking it is the decision of HHJ Melissa Clarke in British Amateur Gymnastics Association v UK Gymnastics Ltd & Ors [2020]…
A new Practice Direction comes into force on the 23rd August 2020. Practice Direction 55C. This deals with the procedure to be adopted in relation to those actions that have been stayed by reason of the Practice Direction and…
This blog has written on many cases in which practice and procedure relating to committal hearings has been found wanting. A new CPR Part 81 comes into force on the 1st October 2020, as a result of the The Civil Procedure…
In Palladian Partners LP & Ors v The Republic of Argentina & Anor [2020] EWHC 1946 (Comm) Mrs Justice Cockerill refused to strike out pleadings alleging, bad faith, wilful misconduct and manifest error. This is the second example recently of…
I am presenting a webinar on the 31st July 2020 dealing with the new Actuarial Tables. THE CONTENT The government’s new ‘Actuarial Tables’ were published on 17th July 2020. The webinar takes us through the significant changes introduced…
I have written before the useful guidance given by the Crown Prosecution Guidance on Expert Evidence. Many of the points in that guide apply, with equal force, to instructing experts in civil proceedings. It is worthwhile reading for lawyers and experts…
The 17th July saw the publication of the latest (the 8th) edition of the Government Actuary’s Department “Actuarial Tables” “With explanatory notes for use in Personal Injury and Fatal Accident Cases”. This may be particularly frustrating for those who were…
Whilst dozens of courts have been closed and sold off (or left to rot) HMCTS has felt it necessary to “innovate” by opening “Nightingale Courts”, details are available here. So far as I can tell only one two of these…
We looked earlier at the judgment in Navigator Equities Ltd & Anor v Deripaska [2020] EWHC 1798 (Comm) in relation to committal proceedings. That judgment also has some important guidance about the way in which remote hearings are conducted and where…
The judgment in Navigator Equities Ltd & Anor v Deripaska [2020] EWHC 1798 (Comm) emphasises that there is a particular duty on a party bringing committal proceedings. The judgment has very important things to say about the way in which…
In the judgment today in Ivanchev v Velli [2020] EWHC 1917 (QB) HHJ Lewis (sitting as a High Court judge) held that service of the claim form was not effective. Placing it in the mailbox for an apartment where the…
The judgment yesterday in Collier & Ors v Bennett [2020] EWHC 1884 (QB) contained some judicial observations as to “intemperate debate” in correspondence. This provides an opportunity to review guidance and judicial observations on this topic. THE CASE The judge…
In Zelenko v Prosecutor General’s Office of the Republic of Latvia [2020] EWHC 1800 (Admin) the Administrative Court applied Denton principles to an issue concerning extradition. THE CASE An order had been made extraditing the applicant to Latvia. The…
The discussion of statements of case yesterday in the case of Tejani v Fitzroy Place Residential Ltd & Anor [2020] EWHC 1856 (TCC) has led, almost directly, to a webinar on statements of case. I am giving a webinar on the…
One surprising aspect of the defendant’s argument in Tejani v Fitzroy Place Residential Ltd & Anor [2020] EWHC 1856 (TCC) was the assertion that the particulars of claim were defective because the claimant did not plead a failure to mitigate loss. …
A reminder of the sheer size, and major dangers, of group litigation can be seen in the judgment today in Sharp & Ors v Blank & Ors [2020] EWHC 1870 (Ch). The judgment relates to the costs of the action…
In Tejani v Fitzroy Place Residential Ltd & Anor [2020] EWHC 1856 (TCC) Mr Justice Pepperall sent out a clear reminder of the basic purpose of pleading. He rejected an argument by the defendant that a particulars of claim should…
Next to join our musical section is barrister Iwona Boesche. I felt we needed to add strength and depth to our classical section. Iwona is too modest to mention in her interview that she is a former leader of…
In the judgment this morning in Begum v Maran (UK) Ltd [2020] EWHC 1846 (QB) Mr Justice Jay refused a defendant’s application to strike out a claim and/for summary damages in for fatal accident damages. It highlights the point that…
We looked at the decision of Senior Costs Judge Gordon-Saker in Marbrow v Sharpes Garden Services Ltd [2020] EWHC B26 (Costs) last week in relation to the question of whether the costs budgeting caps were inclusive or exclusive of VAT. There…
I am grateful to Lexlaw ltd for bringing my attention to the judgment of HHJ Parfitt (sitting as a High Court Judge in Lexlaw Ltd v Zuberi [2020] EWHC 1855 (Ch) (10 July 2020). They have sent me their Note…
In Marbrow v Sharpes Garden Services Ltd [2020] EWHC B26 (Costs) Senior Costs Judge Gordon-Saker considered the issue of whether the cap on recoverable costs of the costs assessment process are inclusive, or exclusive of value added tax. (There are…
A Tweet this evening, followed by a number of comments, causes me to repeat my advice on the necessity of the lawyer protecting themselves when drafting a witness statement on behalf of a client or witness. NEARLY LEGAL…
In Ludlow -v- Buckinghamshire Healthcare NHS Trust & BMI Healthcare Ltd [2020] EWHC 1720 (QB) Mr Justice Jay allowed an application for an adjournment on the grounds that a trial could not take place remotely. However, he refused the claimant’s…
The judgment of Mr Justice Birss in Emmanuel v Avison & Ors [2020] EWHC 1696 (Ch) contains some interesting observations about the burden of proof. The burden lay with the claimant, despite the fact that if different proceedings had been…
I am grateful to my colleague Erica Bedford for sending me a copy of the decision of HHJ Godsmark QC in Young -v- AXA Insurance UK Ltd, a copy of which is available here LN2018-15 Young v AXA Judgment as…
In Rawbank SA v Travelex Banknotes Ltd [2020] EWHC 1619 (Ch) Mr Justice Zacaroli ordered that some of the consequences of Part 36 should apply when a claimant made an offer to settle a debt for a slightly reduced figure. …
The rules relating to substituting a defendant after expiry of the limitation period are always a little intimidating. Particularly when trying to persuade a court to apply them. They were considered in detail in the judgment of Master Shuman in…
It is surprising how many of the reported cases relating to mis-service of the claim form are professional negligence cases. It appears to be a common practice to run a case up to the end of the limitation period and,…
On the 11th August 2020 I am presenting a webinar “Deductions from Damages and Mitigation of Loss”. THE WEBINAR This webinar looks at those matters that could reduce the damages a claimant receives in a personal injury case, looking…
On two occasions in the past I have written about the the book “May it please you Madam” by retired District Judge Neil Hickman. This has led people to look for it, one reader even tracked down the author who…
In Ameyaw v McGoldrick & Ors [2020] EWHC 1787 (QB) Mrs Justice Steyn refused an application that she recuse herself. The first part of the judgment summarises the law in relation to bias when the judge knows the counsel involved….
I thought the Club was in need of some more woodwind players, and a widening of the scope of its membership. As the constitution allows I asked Susanna Whawell to join. Susanna is a Fellow of the Chartered Management Institute…
Some interesting points as to the validity of the service of the claim form were raised by the defendant in Bec Construction -v- Melt Hythe Limited [2020] EWHC 970 TCC. The defendant’s arguments were, however, to no avail. Mrs Justice…
Last week I gave an in-house talk to a London firm of solicitors.* One of the matters we discussed was when (if ever) it was appropriate for a solicitor to make a witness statement in support of an interlocutory application. …
The judgment of Mrs Justice Lambert today in Bailey & Anorv Glaxosmithkline UK Ltd [2020] EWHC 1766 (QB) reflected the normal rule that the losing party should pay the costs of an action. In this case the losing party was…
In the judgment in TFS Stores Ltd v The Designer Retail Outlet Centres (Mansfield) General Partner Ltd & Ors[2020] EWCA Civ 833 the Court of Appeal (by a majority) stayed a number of appeals, holding that they were possession proceedings…
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