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. …
THE (NOT SO) LONELY LITIGATOR’S CLUB: OUR THIRTY FOUNDING MEMBERS: WHERE WILL THE CLUB GO FROM HERE?
We now have thirty founding members of The (not so) Lonely Litigator’s Club. I started the club in the hope that it would give some people some support during lockdown by seeing how other lawyers are coping whilst working at…
I am giving a webinar on the 29th June 2020 on the Perils and Pitfalls of Expert Evidence. I have not found that there is any shortage of material. That material is added to in the judgment of Mr Justice…
Since lockdown has made giving live presentations impossible I have been involved in presenting a number of webinars. This would seem a good time to set them out. Those that have been given earlier this year are still available on…
I often listen to, and read, official statements about remote hearings with a degree of scepticism. The impression is given that things are going smoothly. The reality is that things are often going awry and it is taking a great…
This is the last post in this series in its current format. The thirty club members to date are our “founding members”. I started this series so lawyers could share their experiences of working through lockdown. Michael has dealt with…
Next on our list of members is Stephen Loxton, Director of Clerking at Kings Chambers. Steve is working from home with two young children for company. He is one of hundreds (if not thousands)of people involved in the management of…
In the previous post I reported on the decision in Kilbey -v- Arien Contractors Ltd (KilbeyJudgment) and noted that there had been an award of indemnity costs against the defendant. I am grateful to barrister Hannah Godfrey for sending me…
I had no sooner finished a webinar about surveillance evidence this afternoon when I received an email and a copy of a case from solicitor Steve Evans.* The judgment of HHJ Yelton (sitting in the High Court) in Kilbey -v-…
In the judgment this morning in Chaplin v Ben Pistol Allianz Insurance Plc [2020] EWHC 1543 (QB) Jay J rejected an application by the defendant to rely on expert evidence in relation to life expectancy. This judgment is important…
The “back to basics” series has been going since April 2018. It has covered a surprising amount of topics. From how to draft an application to “litigation wishful thinking”. Two years on this is a good time to recap on…
There may, at times, be a slight Yorkshire bias to the selection of club members, be assured that this is not unconscious. However I noticed that South Yorkshire was missing. Today we here from David Withers a partner at Irwin…
On the 23rd July 2020 I am conducting a webinar “Claims for Medical Expenses, Care and Work around the Home”. This webinar looks at damages in relation to medical expenses and care. It covers the whole range of care claims,…
Today we are looking at CPR 32.12. The rule preventing a party using the other side’s witness statements for purposes other than the action they were served in. THE RULE Use of witness statements for other purposes 32.12 (1) Except…
These Regulations come into force on the 25th June 2020. The put the stay on possession proceedings into the rules (they have previously been in a Practice Direction). The rules are available here . THE NEW RULES Citation and commencement…
The judgment of Mr Justice Cavanagh yesterday in Bromford Housing Association Ltd v Nightingale & Anor [2020] EWHC 1532 (QB) is another variant of the issues relating to the stay of possession proceedings. In this case the judge declined to…
There are 50 posts in this series. They represent a personal choice of the 3,614 posts on this blog over the past seven years. COVID REPEATS (1): THE (ALMOST) COMPLETE GUIDE FOR ASPIRANT AND NEW LAWYERS – FROM TWITTER COVID…
The decision of Mr Justice MacDonald today in Lancashire County Council v M & Ors (COVID-19 Adjournment Application) [2020] EWFC 43 is another case where an application to adjourn because of Covid concerns was refused. The judge held that an…
The courts are, gradually, re-opening. Civil and criminal hearings are taking place. We have to trust that steps are being taken to protect our health. I asked on Twitter for advice that people had in relation to getting to, and…
Our latest member is Daniel Herman a partner at Stewarts in Leeds. I have asked Daniel one additional question in addition to the usual seven. As everyone knows the constitution of the Club includes the aim of encouraging people to…
I am finishing this series on a personal note. In June last year I wrote a tribute to Robin Butchard. I later attended his funeral and was one of the (many) who stood up in a very packed chapel. Rob…
In the judgment today in Pearce v East and North Hertfordshire NHS Trust [2020] EWHC 1504 (QB) Mrs Justice Lambert considered an argument that the Coronavirus epidemic could play a part in the defendant’s application to amend its defence. …
In Harlow -v- Aspect Contracts Ltd [2020] EWHC 1488 (TCC) Harlow v Aspect Contracts Ltd [2020] EWHC 1488 (TCC) Alexander Nissen QC (sitting as a High Court judge) allowed an application preventing the defendant relying on a witness statement that was,…
This is the penultimate post in this series. I thought it would be a good time to return to my tribute to Sir Henry Brooke. One reason for this is that the legal world needed him and misses him. After…
The Transparency Project have produced a Remote Court Hearings Guidance Note. This is aimed at litigants themselves. Although it is quite specifically aimed at the Family Courts many litigants (and some lawyers) may find this of some assistance. THE…
CIVIL PROCEDURE BACK TO BASICS 78: NO DUTY ON AN INJURED CLAIMANT TO USE THE NATIONAL HEALTH SERVICE
This post is due to a tweet someone copied me in on this morning. The issue was, ostensibly, one of general damages in a personal injury case. An insurer was refusing to pay the costs of private treatment – stating…
In the judgment today in C (Children : Covid-19: Representation) [2020] EWCA Civ 734 the Court of Appeal dismissed an argument that a “hybrid” hearing, to be heard with one side’s leading counsel attending remotely, was unfair. THE CASE…
A further bulletin has been issued which sets out the procedure for hearings before Queen’s Bench Masters from the 15th June. The default position is that hearings will be heard remotely. If an “in person” hearing is needed then it…
Today we are taking a look back at what turned out to be the second most read post on this blog in 2016. The basic rules about when to file a Reply and, more importantly, a defence to counterclaim. A…
On the 17th July 2020 I am presenting a webinar on periodical payments and provisional damages. THE WEBINAR Periodical payments and provisional damages have been a part of the legal landscape for some time now. A knowledge of the…
Here I am repeating a post that was originally “crowd sourced” from Twitter. It is a post on “what to do if things go wrong”. Here is the advice specifically on what the best course of action is when…
On the 7th July 2020 I am presenting a webinar on contributory negligence in personal injury actions and clinical negligence cases. CONTRIBUTORY NEGLIGENCE Contributory negligence is a common feature of personal injury litigation and (sometimes) in clinical negligence cases….
It is not possible to have anything but admiration for the way in which the Civil Justice Council have produced their report on the impact of COVID-19 on civil court users. The report is available here. It carried out what…
Of all the many cases that have featured on this blog the judgment in Islamic Investments Company of the Gulf (Bahamas) Ltd -v- Symphony Gems NV & others [2014] EWHC 377 3777 (Comm) is the one that I found hardest to…
There are many strange examples of conduct reported on this blog. One example is in Webb Resolutions Ltd v JV Ltd (t/a Shepherd Chartered Surveyors) [2013] EWHC 509 (TCC). Put simply a judge made an order at a hearing, one…
This series is going to end at 50. I thought I’d end it by looking at some of my personal favourite posts and cases on this blog. We’ll start with the Court of Appeal in Caldero Trading -v- Leibson [2014] EWCA…
When I trespass into the area of family law it is, almost invariably, about the issue of costs. A prime example of the dangers of litigation and costs, almost literally, wiping all the family assets out, can be seen in…
In the judgment in SC v University Hospital Southampton NHS Foundation Trust (Rev 2) [2020] EWHC 1445 (QB) given yesterday Mr Justice Johnson refused the defendant’s application for an adjournment on the grounds that a trial held remotely would be…
I am grateful to barrister Tom Herbert from bringing my attention to Nottinghamshire Law Society Civil Court User Bulletin No 5. It is a case, Fottles v Bourne Leisure, where HHJ Godsmark QC allowed an application to vacate. However during…
In Khan v Governor of HMP The Mount & Anor [2020] EWHC 1367 Mr Justice Spencer considered, and rejected, an argument that a different costs order should be made because of the impact of coronavirus. THE CASE The claimant…
Today we are revisiting the observations of Mr Justice Smith in the Farepak case farepak-judges-statement. It presents an object lesson in the need for careful preparation of witness evidence and identifying precisely what “evidence” a witness can give. “The…
In Copeland v Bank of Scotland Plc [2020] EWHC 1441 (QB) Mr Justice Freedman lifted the stay on possession proceedings for the purpose of handing down a judgment on appeal. THE CASE The action related to possession proceedings brought…
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