In S (Fact-Finding) [2020] EWFC 71 HHJ Jack sitting as a High Court Judge heard a case remotely. I will leave the analysis of his robust findings in the case – where the children were returned to their parents – …
In Mousavi-Khalkali v Abrishamchi & Anor [2020] EWCA Civ 1493 we have a rare case of the Court of Appeal considering an appeal on an order that a party pay a sum on account of costs. THE CASE The Court…
The judgment of Mr Justice Choudhury in MB v RBG [2020] EWHC 3022 (QB) is the first I have seen considering the new provisions of CPR 12.3 and the circumstances in which a default judgment can be set aside. It…
It has been just over four weeks since the previous post on issues relating to service of the claim form. I thought I would take advantage of this lull to remind people potential issues relating to service of the claim…
The fact that we are in lockdown does not make litigation deadlines go away. Litigation may be more problematic, however there is now nothing in the rules that recognises the difficulties that litigators face. One way of dealing with this…
There are now a record number of self-employed people working in the UK and the numbers are increasing. The self-employed amount to 5 million, that is 15.3% of the workforce, (up from 12% in 2000). Here I want to look…
Returning to the substantive issue in the judgment of Turner J in Município De Mariana & Ors v BHP Group Plc & Anor [2020] EWHC 2930 (TCC). The judge struck out the claims of 202,600 claimants on the grounds that…
In Município De Mariana & Ors v BHP Group Plc & Anor [2020] EWHC 2930 (TCC) Mr Justice Turner allowed the defendants’ application to strike out the claim being brought by 202,600 claimants. Here we look at the observations in relation…
How hard is it to say “productive” whilst working from home? This issue has been addressed in a number of publications. Here are a selection from across the world. Stanford – The productivity pitfalls of working from home in the age…
Some people are starting new jobs during lockdown. Many trainees and pupils are also embarking upon their careers. This post was actually suggested by someone doing just that – starting their (deferred) training contract early next year. There are now…
On the day when it is announced that the Court of Appeal refused permission to appeal in the case of Swift -v- Carpenter it is interesting to look at the subsequent judgment on costs given today in Swift v Carpenter…
In Aegean Baltic Bank SA v Renzlor Shipping Ltd [2020] EWHC 2851 (Comm) Mr Adrian Beltrami QC (sitting as a Judge of the High Court) considered the appropriate approach at trial when a party has been debarred from calling evidence….
We are returning again to the Court of Appeal decision in Diriye v Bojaj & Anor [2020] EWCA Civ 1400. This time concentrating upon the Court’s comments in relation to the need to prove impecuniosity and the claimant’s failure to…
Working from home can be a lonely experience. This can be tough, particularly in the winter months. In the second in this series we look at some of the helpful guidance that is available for dealing with issues relating to…
The judgment of ICC Judge Barber in Leopard v Robinson [2020] EWHC 2928 (Ch) provides another example of a written witness statement being misused. The judge held that the statement consisted of “assertions and legal submissions”. These have no place…
The judgment in Diriye v Bojaj & Anor [2020] EWCA Civ 1400 shows, at least, two classic mistakes that people make when applying for relief from sanctions: not making the application promptly and not remedying the default properly (in fact…
In Mullane v Davies [2020] EW Misc 25 (CC) HHJ Jarman QC refused an application by a party to admit new photographs after closing submissions. The Denton principles applied and militated against granting relief from sanctions. “Such noncompliance is serious,…
In Diriye v Bojaj & Anor [2020] EWCA Civ 1400 the Court of Appeal held that the judges who heard a relief from sanctions hearing below were in error about the way that “Signed for 1st class” post operated, however…
SECOND DEFENDANT ORDERED TO PAY COSTS CLAIMANT INCURRED IN PURSUING FIRST DEFENDANT: AN UNUSUAL CASE
In Patel v Barlows & Ors (No. 2) [2020] EWHC 2795 (Ch) HHJ Mithani QC (sitting as a High Court judge) found that a defendant was liable to pay the costs of another defendant where the claimant had had to…
There are many posts on this blog about issues relating to working from home. In the early stage of the “first” lockdown many practitioners kindly contributed to a series of posts about the practicalities of home working, a new experience…
Part of the judgment of Mr Justice Griffiths in Lambert v Forest of Dean District Council [2020] EWHC 2854 (Admin) provides an important reminder that someone who has been declared bankrupt may have no standing at all to bring subsequent…
The judgment of Mr Justice Freedman in Comberg v VivoPower International Services Ltd & Anor [2020] EWHC 2787 (QB) contains many interesting observations in relation to damages, mitigation and costs. Here I want to isolate one element – the fact…
In Henderson v Dorset Healthcare University NHS Foundation Trust [2020] UKSC 43 the Supreme Court dismissed an appeal on the grounds that the claimant’s action was based on illegality. It found that someone found guilty of manslaughter due to diminished…
In Hamilton v NG Bailey Ltd [2020] EWHC 2910 (QB) Dan Squires QC (sitting as a Deputy High Court Judge) considered the issue of what discount should be made on an award for pain, suffering and loss of amenity, when…
This round up covers specific posts and articles in relation to civil procedure . There is a monthly round up of a wide range of legal issues and coronavirus on the Kings Chambers blog, Coronavirus: Guidance for Lawyers and Business….
A tweet from a barrister, this afternoon complained, in essence about the “pointless aggression” of an opponent. It has gathered lots of support. One thing that judges, from around the world, are universally keen on is courtesy. This gives me…
In Leach v North East Ambulance Service NHS Foundation Trust [2020] EWHC 2914 (QB) HHJ Freedman (sitting as a Deputy High Court Judge) made some telling observations about the lack of objectivity of the defendant’s expert. THE CASE The claimant…
The observations of Mr Justice Nicklin in Rayner v Seabourne-Hawkins [2020] EWHC 2895 (QB) highlight the importance of gathering evidence promptly. It also contains the text of a highly perceptive letter from a prospective witness that, in many ways, highlights…
Today is a special day and I thought I’d start by looking at what scares lawyers most? This was discussed in 2017, there was another useful post on scary stuff in 2018. I have made a selection from the 2017…
In the judgment today in Deepchand & Anor v Sooben [2020] EWCA Civ 1409 the Court of Appeal overturned a decision that there be no order for costs when a party made an unsuccessful application for a non-party costs order. …
In the judgment today in Telefonica UK Ltd v The Office of Communications [2020] EWCA Civ 1374 the Court of Appeal overturned the decision of the trial judge not to award additional interest on damages and costs in a case…
Practice Direction 51ZA which allows parties to extend time limits for up to 56 days comes to an end on the 30th October 2020. Unless there is a further rule change then parties can only agree extensions of 28 days. …
In Toms (t/a Goldbergs Solicitors) v Brannan [2020] EWHC 2866 (QB) Mr Justice Griffiths dismissed a solicitor’s appeal against a decision that he was not able to recover costs from a client after a conditional fee agreement had been terminated….
The judgment of Master Kay in Sheeran & Ors v Chokri & Ors [2020] EWHC 2806 (Ch) provides an important reminder that a Part 18 request cannot simply be ignored. Further once a court makes an order that a party…
The judgment of HHJ Mithani QC in Colar v Highways England Company Ltd [2019] EW Misc 17 (CC) has recently arrived on BAILLI. It provides an illustration of the danger of defending a claim “at all costs”. The judge was…
There are many interesting aspects of the judgment of HHJ Mithani QC in Patel & Anor v Barlows Solicitors (a firm) & Ors [2020] EWHC 2753 (Ch). Here I want to look at the part of the judgment that considers…
In Mason -v- Laing (Bradford County Court 20th January 2020 Mason v Laing) HHJ Gosnell held that a claimant that failed to comply with the requirements as to instructing experts prior to a Stage 3 hearing could not rely on…
In March last year I wrote about the Supreme Court’s decision in Takhar v Gracefield Developments Ltd & Ors [2019] UKSC 13. In that case the Supreme Court held that a claimant could bring an action to set aside an earlier judgment which,…
In National Tourism Council of Qatar v Mehdiyev [2020] EWHC 2638 (Ch) Deputy Master Hansen considered the defendant’s evidence as to means when deciding whether or not to impose terms when setting aside a judgment. It is important to note…
In June this year I published an interview with Michael Williamson as part of The (Not So) Lonely Litigators Club series. Michael was the final “founding” member of our club. At that time Michael had recently merged his practice and…
In the judgment today in Jamous v Mercouris [2020] EWHC 2814 (QB) Mr Justice Murray refused a claimant’s application for permission to appeal out of time. It is a reminder that applications of extensions of time to appeal are dealt…
This blog has looked, many times, at cases that have floundered at trial because of basic failures to investigate the primary facts. Sometimes applications fail because of a fundamental lack of knowledge as to what “facts” are. The judgment…
In Park v Hadi & Anor [2020] EWHC 2687 Mr Justice Freedman granted a defendant relief from sanctions in circumstances where there had been a breach of a peremptory order and no formal application had been made. THE CASE…
In Belsner v Cam Legal Services Ltd [2020] EWHC 2755 (QB) the parties were arguing about £385.40. The judge observed “According to their statements of costs, the Claimant and the Defendant have spent £52,575.63 and £35,139.70 respectively on this appeal. That…
A classic example of a client seeking to blame their lawyer for the contents of a witness statement can be seen in the judgment in Simpson v Payne, reported in the PI Brief Update Law Journal. THE CASE The claimant…
In Belsner v Cam Legal Services Ltd [2020] EWHC 2755 (QB) Mr Justice Lavender allowed an appeal whereby a firm of solicitors acting on behalf of a claimant were permitted to deduct 25% of the damages in addition to payment…
In Smithson v Lynn & Anor [2020] EWHC 2517 (QB) HHJ Gosnell (sitting as a High Court Judge) found a highway authority partially responsible for an accident in failing to maintain the roads. The are interesting issues relating to the…
In BM Electrical Solutions Ltd & Anor v Belcher [2020] EWHC 2749 (Ch) a very practical problem occurred. The court held a “hybrid” hearing, a litigant appeared in person. The litigant in person did not have a laptop with them….
Here I have selected 10 pieces of advice from Twitter on what to do when things go wrong. These are not the “top 10” tips because, frankly, every one of the pieces of advice given in the original post are…
In TKC London Ltd v Allianz Insurance PLC [2020] EWHC 2710 (Comm) Mr Richard Salter QC (sitting as a High Court Judge) considered the issue of whether issues relating to the COVID pandemic should be a factor in considering a…
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