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…
In Edmunds v Newell & Anor [2020] EW Misc 7 (CC) HHJ Jarman QC refused a claimant’s application for relief from sanctions. The claim was struck out but the counterclaim continued. THE CASE The claimant claimed £110,599.99 plus interest…
In Scales v Motor Insurers’ Bureau [2020] EWHC 1749 (QB) Mr Justice Cavangh rejected the defendant’s submission that there should be an issue based costs order and awarded a claimant the usual Part 36 benefits when he beat his own…
Last week I wrote on the latest episode of the Depp case. Mr Justice Nicol held that there had been a failure to comply with a peremptory order on disclosure and the Mr Depp’s case stood struck out. Today it…
In the judgment in Gallagher v Hallows Associates [2020] EW Misc 7 (CC) HHJ Jarman QC found that a defendant had been wrongly served when it was sent to solicitors who did not state they had instructions to accept service. This…
The judgment yesterday in Piepenbrock v Associated Newspapers Ltd & Ors [2020] EWHC 1708 gives rise to that familiar issue of when a party can, and cannot, serve on the defendant’s solicitor. No apologies are made for repeating the rules here. …
The judgment of Mr Justice Nicklin today in Piepenbrock v Associated Newspapers Ltd & Ors [2020] EWHC 1708is (yet) another action that failed because of incorrect service of the claim form. “This is another case about the problems that can…
This round up looks at the impact that COVID-19 is having on the law, and procedure in particular. The key cases in relation to the impact of coronavirus were considered in the post on the Kings Chambers’ blog Coronavirus: How…
A round up of posts and articles about costs, procedure and evidence from June 2020. (Matters relating to Coronavirus and civil procedure will be dealt with in a separate post). Costs Litigation Futures – QC’s £1.5m brief fee for nine months’…
Yesterday I wrote about the judgment in Skatteforvaltningen (The Danish Customs And Tax Administration) v Solo Capital Partners LLP & Ors [2020] EWHC 1624 (Comm). In particular the very vigorous judicial disapproval of an attempt to “argue” the case by way…
There are particular dangers for solicitors giving evidence. This morning I wrote about the common (but totally wrong) practice of solicitors using witness statements to argue points of law. In Ras Al Khaimah Investment Authority v Azima [2020] EWHC 1686…
Last week I wrote about the report on witness evidence working group of the business and property courts. That report commented that drafting witness statements (more accurately evidence in chief) was no longer part of a lawyer’s “stock in trade”. …
District Judge Howard Kemp is the third in what, currently, is our trio of judicial musicians. DJ Kemp is a drummer, and if you want to know what makes him an Olympian, read carefully… What instrument (or instruments) do you…
In Depp v News Group Newspapers Ltd & Anor [2020] EWHC 1689 (QB) Mr Justice Nicol held that the claimant’s case stood struck out because of a failure to give disclosure. There are important observations about the scope of disclosure….
A post earlier today dealt with the case of Stanley v London Borough of Tower Hamlets [2020] EWHC 1622 (QB) where a regular judgment was set aside because proceedings had been served, essentially, on empty offices. What will be of…
The judgment of Mr Justice Julian Knowles in Stanley v London Borough of Tower Hamlets [2020] EWHC 1622 (QB) is the first reference I have seen to that part of CPR PD51ZA that deals the court’s general discretion when faced…
This report of the Witness Evidence Working Group was produced at the end of last year. It highlights some major issues in relation to the use of witness statements, and the role and experience of those preparing them. It has…
One reliable element in most litigation is a transcript of a judgment. In Ghassemian v de Beaumont & Anor [2020] EWHC 1642 (Ch) Mr Justice Birss had cause to question the accuracy of a transcript of his own judgment. “The…
There is an interesting consideration of the role of counsel’s advice in the judgment of HHJ Vincent in AZ v BZ (financial remedies appeal) [2020] EWFC 28. In a financial remedies hearing, a judge was wrong to firstly admit, and…
In Engie Fabricom (UK) Ltd v MW High Tech Projects UK Ltd [2020] EWHC 1626 (TCC) Mrs Justice O’Farrell commented on the practice of one of the experts in the case. Failure to follow the basic guidance given in the…
Yesterday I had my first experience since “lockdown” of going back into a court building to do a trial. I did a series of tweets about it and they have had some attention. That is why i thought it best…
In Surrey Heath Borough Council v Robb & Ors [2020] EWHC 1650 (QB) Mr Justice Freedman considered submissions that a hearing should take place in person. He held that there was an onus on part requesting a hearing in court…
Our next member is newly retired District Judge James Heyworth. James is also a reinvigorated woodwind player. It turns out that I have untapped a whole host of judicial musicians, there may be more to come.. What instrument do…
The next member of the musical section of our Club is retired Circuit Judge Scott Wolstenholme. Scott may have retired from law a few years back but he is incapable of retiring from drumming. I have been playing in a…
It is rare for there to be a lengthy judgment in relation to procedural issues about the appointment and the role of the litigation Friend. In Hinduja v Hinduja & Ors [2020] EWHC 1533 (Ch) Mr Justice Falk considered whether…
I wrote yesterday about the two useful articles on the case of Farmer v The Chief Constable of Lancashire [2019] EWHC B18 (Costs). The full judgment is now available on BAILLI. “Anybody around this table being of the costs persuasion…
It is illuminating to read two reports of the case of Farmer -v- the Chief Constable of Lancashire, where a party’s conduct on assessment led to no award of costs being made. Indeed the claimant was ordered to pay the…
I have written many times about issues arising from expert witnesses. In clinical negligence cases the role of the expert witness is often paramount. The claimant, in particular, is almost wholly reliant on expert evidence in relation to causation. It…
I have highlighted some cases where remote hearings have had difficulties. In Jones v Ministry of Defence [2020] EWHC 1603 (QB) the judgment indicates that the remote hearing in a clinical negligence case worked well. THE CASE The case was…
This week sees the seventh anniversary of Civil Litigation Brief as a blog. That, it appears, is relatively young as a blog, the housing law blog Nearly Legal recently celebrated its 14th anniversary and is well into its truculent teenage…
Over the years we have seen a major difference in judicial responses to a failure to have a schedule of costs at a relevant hearing. Some judges are forgiving, some simply order no – or minimal – costs. In SRA…
I said I was looking for a wide variety of music and musicians for the music section of the club. Stephen Simblet QC plays mandolin in Balkan folk music groups (there are links to their performances below). This ties up…
Having had 30 lawyers write about their experiences in lockdown it is now time to vary the membership. Indeed the club constitution requires us to lighten the mood and provide cheer to the profession. So I have decided to expand…
I have been writing on this blog for some time now that lawyers should be taught that mistakes happen. We should aim to avoid them but if errors are made they are often rectifiable if dealt with correctly and quickly. …
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