Todays top 10 tips follows on from yesterday. In the previous post PJ Kirby recorded how he was able to draft a letter that included: “We acknowledge receipt of your letter which was expected as Mr X was discussing the…
In Ahmed v Iqbal (Order Preventing Counsel from Acting) [2020] EWHC 2666 (Fam) Mr Justice Macdonald upheld a decision preventing counsel from acting for a party in family proceedings. THE CASE The father and mother were involved in proceedings under…
Continuing with the series on guidance for new entrants to the profession (and a useful reminder for the rest of us). This is ten pieces of advice from the lawyers of Twitter after I wrote a piece on the lack…
Following on from the previous posts about this case here is a set of useful links to commentary about the Carpenter decision. The Association of Personal Injury Lawyers is also presenting a webinar on this issue on the 22nd…
In Amin v Amin & Ors [2020] EWHC 2675 (Ch) Mr Justice Nugee made an important observation about the way in which parties present their case. It may benefit some litigants to put their case on an alternative basis. THE…
I have written before about how judges regularly go back to the basic principles of damages when faced with challenging issues in relation to personal injury damages. To a large extent this happened in the Court of Appeal decision in Swift…
These must be difficult times for trainees and pupils. One of the things you learn (often the hard way) is what, and what not, to take to court. Trips to court now far less frequent and these essential skills may…
There are some issues in legal practice that reoccur with surprising frequency. Yesterday a lawyer on Twitter recounted how that had accidentally been copied into an email chain that they were, most definitely, not meant to see. It is a…
A more detailed discussion of the Court of Appeal’s decision today in Swift -v- Carpenter [2020] EWCA Civ 1295 will follow. For the time being it is sufficient to note that the court overturned the trial judge’s decision to award…
It is unusual for this blog to cover family cases, particularly decisions made some three years ago. However the judgment of HHJ Corbett in E (A Child : Care proceedings : Costs) [2017] EWFC 118 has recently been published on…
This week I have been concentrating on advice given by judges to lawyers. We are now moving on to advice given by lawyers for lawyers. I have selected twenty from dozens (possibly hundreds) of tweets given when I asked on…
I am grateful to Tom Jenkinson from Bolt Burdon Kemp for sending me a copy of the decision of Master Rowley in Shulman -v- Kolomoisky (24/06/20) where the issue of the guideline hourly rates was determined. A copy of the…
THE NEW COMMITTAL PROCEDURE: DOES NOT AFFECT THE COURT’S SENTENCING POWERS: DEFENDANT SENT TO PRISON
Oliver v Shaikh [2020] EWHC 2658 (QB) may be the first time the new rules as to committal proceedings have been mentioned in a judgment. However the purpose was to make it clear that the new rules do not make…
Continuing with the review of those series on this site which collate the guidance that judges have given to lawyers. In series three we looked at everything from going to hell; brevity (the absence of which leads you rapidly towards…
In Bromford Housing Association Ltd v Nightingale [2020] EWHC 2648 Mr Justice Cavangh upheld a decision not to allow a claimant in possession proceedings to adduce evidence late. In a “rolled up” hearing he dismissed the claimant’s application for permission…
The judgment of Mr Justice Miles in Terracorp Ltd v Mistry & Ors (Rev 1) [2020] EWHC 2623 (Ch) contains an interesting review of the principles relating to costs where a party has failed on a number of issues. It…
In Smith v Marston Holdings Ltd & Anor [2020] EW Misc 23 (CC) HHJ Paul Matthews made some observations about the correct address for service when applications are issued. He also noted the issues that can arise when dealing with…
I am using this week to look back a previous series where guidance was given, primarily by judges, to young advocates. There are links here to the original posts, and sources for the posts. Here we look at the second…
In Oberholster v Optical Express Ltd & Anor [2020] EWHC 2635 (QB) Mr Justice Freedman dismissed a defendant’s appeal against a costs order against it. The case deals with the problematic issue of costs if a claimant settles the claim…
Following on from the post yesterday aimed at those about to start their training contracts or pupillage this would seem to be a good time to remind people of the number of series there are on this site about advocacy. …
The judgment of Mr Justice Teare (sitting with two assessors) in Sakizaya Kalon, Owners of The Vessel v Panamax Alexander, Owners of The Vessel [2020] EWHC 2604 (Admlty) shows some real advantages of being able to take witness evidence remotely. …
I am giving a webinar on the 8th December 2020. I wanted to look at the particular issues facing a child claimant in a fatal accident case. There are quite complex principles governing the losses involved. Booking details are available…
In Chell v Tarmac Cement And Lime Ltd [2020] EWHC 2613 (QB) Mr Justice Martin Spencer upheld a decision that an employer was not vicariously liable for a practical joke in the workplace. “The practical joke must be the lowest…
The transition from learning to practice is not an easy one. It is even more difficult for litigators starting their careers now – with training contracts and pupillage being delayed because of COVID problems. Even if training has started much…
Several of my colleagues are taking place in this online event. Proprietary estoppel has become important in recent years in relation the ownership and transfer of property. There are many recent cases relating to farming families in particular, they give…
The previous post about the judgment in North of England Coachworks Ltd v Khan [2020] EWHC 2596 (QB) gives me an opportunity to repeat earlier advice pm the blog in relation to the lawyer signing the statement of truth. In the…
There are many, many cases about committal proceedings in commercial cases. Some judges have observed that they appear to be used tactically. Most are confined to their own facts. However in North of England Coachworks Ltd v Khan [2020] EWHC…
The 2020 edition of the Billable Hour Cookbook is now accepting submissions for publication towards the end of the year. This year, submissions are restricted to people within the legal community (Lawyers, Legal academics, Legal Execs, Paralegals, Judges and Law…
The heading of the judgment of Master Sanderson in Bell Group (UK) Holdings Limited (In Liquidation) [2020] WASC 347 includes “Corporations law – Ode to a dying corporation – Turns on own facts”. This led me to want to investigate…
The issue of “proportionality” is central to contemporary litigation. However it is rarely examined in detail and rarely discussed. Attempts to analyse how proportionality can be achieved are even rarer. Here I reprise some points made several years ago about…
In PLK & Ors (Court of Protection : Costs) [2020] EWHC B28 (Costs) Master Whalan considered the appropriate hourly rate for Deputies in Court of Protection matters. (I am grateful to Carter Burnett, Costs Consultants, for bringing my attention to…
It is today seven years since the ERRA ended breach of statutory duty as a distinct cause of action in relation to accidents at work. This is an opportune time to review the cases that have considered this issue. Here…
The issue of participation in court proceedings is a very real one at the moment. Almost on cue yesterday the publication today of Participation in Courts and Tribunals: Concepts, Realities and Aspirations (editors: Jessica Jacobson and Penny Cooper). It is available as…
In FS v RS and JS [2020] EWFC 63 Sir James Munby warned against trying to re-open cases after judgment has been given. There were several attempts to re-open the judgment after it was given. It is the only judgment…
This round up also covers specific posts and articles in relation to coronavirus. There will no longer be a specific round up covering coronavirus and and civil procedure. There is, however, a monthly round up of a wide range of…
The judgment of Mrs Justice Lambert in Razaq v Iqbal & Ors [2019] EWHC 3924 (QB) provides an interesting example of a failure to prove causation in a wasted costs application. A solicitor had been negligent in failing to pass…
The problems of keeping the courts going during a pandemic are universal and worldwide. Countries throughout the globe are getting to grips with the problems caused by remote hearings. Professor Elizabeth Thornburg from the Southern Methodist University has written a…
In Wilcox v King’s College Hospital NHS Foundation Trust [2020] EWHC 2555 (QB) Mrs Justice Lambert dismissed an appeal against a refusal by a defendant to allow video evidence to be adduced at trial. The evidence was not relevant and…
The judgment in Greater Manchester Fire and Rescue Service v Veevers [2020] EWHC 2550 (Comm) HHJ Pearce emphasises the point that a party can make a formal pre-action admission. A party who tries an alternative “non-formal” admission may well not get…
There has been some discussion on Twitter recently about stress at work and the problems caused when mistakes are made (particularly when they are your own fault). Added to this we have the difficulties of home working, the lack of…
In the judgment today in Greater Manchester Fire and Rescue Service v Veevers [2020] EWHC 2550 (Comm) HHJ Pearce upheld a decision that the legal costs incurred in attending an inquest were recoverable as costs in a subsequent action for…
Nobody knew what a “blog” was 25 years ago. However at that time Civil Litigation Brief did exist, it was a monthly column in the Solicitors Journal. It is interesting to see how much (or how little) matters have moved…
There is relatively little guidance given on the process involved in drafting a defence. There is some useful help given the the Law Society of Ontario Practice Area Resource “How to Prepare a Statement of Defence”. Some of this…
The second issue in judgment of HHJ Matthews (sitting as a High Court judge) in Wolf Rock (Cornwall) Ltd v Langhelle [2020] EWHC 2500 (Ch) was whether the appellant was able to appeal the District Judge’s refusal to grant relief…
The judgment of HHJ Matthews (sitting as a High Court judge) in Wolf Rock (Cornwall) Ltd v Langhelle [2020] EWHC 2500 (Ch) considers the issue of whether the Denton principles apply when a witness statement is served late but there…
On the 17th September 2020 the Master of the Rolls issued a statement about the lifting of the stay on possession cases that took place on the 20th September. That statement is reproduced below, together with the links referred to….
One aspect of the Denton decision that is often overlooked, but which was very welcome, was the Court of Appeal’s message to the courts (and the parties) that any directions given should be “realistic and achievable.” WHAT WAS SAID…
The judgment of Mrs Justice Jefford in The Leicester Bakery (Holdings) Ltd v Ridge And Partners LLP [2020] EWHC 2430 (TCC) shows the necessity of being able to particularise a claim for damages. What it demonstrates is that, in claims…
In his speech to the Peter Taylor memorial lecture “Complexity and Obscurity in the Law, and how we might mitigate them.” Lord Justice Irwin observed “there is a special ring in hell for the advocate who stands up at 10:31…
There is one passage in the judgment in Município De Mariana & Ors v BHP Group Plc & Anor [2020] EWHC 2471 (TCC) that I had to read twice. It is something that emphasises the need to remember that the judge…
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