There are likely to be very few, if any, “face to face” meetings with clients in the near future. How do we cope with the statement of truth (I will deal with the specific issue of witness statements and the…
HHJ Bird has issued specific guidance for civil court users in Manchester. “Dear Court User, I am writing to let you know what steps we are taking to keep the civil courts running in these difficult times. Specific arrangements apply…
The current crisis is bringing out the best in a lot of people. Unfortunately it can also bring out the worst. Here are useful links dealing with scammers, phishing, false sales and how to protect yourselves from those utterly awful…
I am grateful to Sam Hayman from Bolt Burdon Kemp for drawing my attention to the decision today of Mr Justice Griffiths in DSN v Blackpool Football Club Ltd [2020] EWHC 670 (QB). The defendant was ordered to pay indemnity…
Given that many of us will be working from home and not having direct contact with colleagues or clients I am starting a series on the issues we litigators currently face. The first looks at the issues caused by the…
For many civil lawyers telephone hearings have been a part of litigation for some time. Developments today, however, have left some in the profession scratching their heads. Family lawyers in particular are asking about this mysteries of telephone hearings. Even…
The Lord Chief Justice has today issued guidance today which makes it clear that remote hearings are now the default position. “The default position now in all jurisdictions must be that hearings should be conducted with one, more than one…
In press Notices sent out at 21.55 this evening HMCTS announced the closure of counters at the QBD and Court of Appeal. These are both set out in full below. QBD “The Queen’s Bench Division is making some temporary…
HMCTS has published guidance HMCTS telephone and video hearings during coronavirus outbreak THE GUIDANCE “Running our courts and tribunals is an essential public service. Audio and video technology has long played a part in the justice system and can now…
On the 25th March 2020 at 1.00 pm I am giving a webinar on civil procedure and coronavirus, dealing with the best means of coping with procedural and other issues arising from COVID-19. This is aimed primarily at personal injury…
Kings Chambers have started a new site ” CORONAVIRUS: GUIDANCE FOR LAWYERS AND BUSINESSES” THE AIM OF THE SITE The aim of the site is to draw across the whole range of expertise in chambers to help lawyers and…
In Bank St Petersburg PJSC & Anor v Arkhangelsky & Anor [2020] EWCA Civ 408 the Court of Appeal ordered a retrial because of doubts in relation to the trial judge’s findings of fact. The judge had applied too high…
The update, issued yesterday is available here. KEY POINTS “It is not realistic to suppose that it will be business as usual in any jurisdiction, but it is of vital importance that the administration of justice does not grind to…
I have, ironically, been planning to write on remote working for some time. The post was going to be in the “well being” series and, among other things, deal with issues like social isolation when working from home. Now, of…
A large part of me wants to get back to writing about service of the claim form, committal proceedings and the like (and to that extent normal proceedings will be resumed shortly). Here a few additional links and updates. HEALTH…
The Bar Standards Board has made it totally clear that a barrister complying with Government or Public Health Guidance is not in breach of the Bar Handbook. This has been done in a press release this morning. THE…
The Bar Council website has useful guidance on dealing with Coronavirus, this is in a section on its website here. GUIDANCE GIVEN ON THE 16th MARCH 2020 This guidance is available from a link on the page, also here….
7BR’s website carries an interesting report from Adam Korn of a judgment today where Master Davison made an order extending the amount of time the parties can agree to vary directions. This was directly because of potential difficulties arising out…
This blog has dealt, many times, with the difficulties that can arise when a solicitor makes a witness statement in support of an interlocutory application. Not least there is a duty to give details of the source of information and…
I cannot recall a time when matters were so rife with uncertainty. By request I have been asked to consider practical steps litigators can take. Equally significantly we have to consider what steps the courts, and the Rules Committee, should…
The post last month I posted some useful links for lawyers in relation to coronavirus. This clearly needs updating. Last time people were very kind in sending me other useful links which I added to the post. If anyone has…
In MKG Convenience Ltd, Re [2020] EWHC 547 (Ch) HHJ David Cooke refused the defendants’ application for relief from sanctions following a failure to comply with a peremptory order in relation to disclosure. The sanction was severe, however the circumstances…
In November 2018 I wrote about the decision of HHJ Klein in UK Learning Academy Ltd v The Secretary of State for Education [2018] EWHC 2915 (Comm). An appeal from that judgment has been heard, and dismissed, by the Court of Appeal. …
I am grateful to barrister David Green for supplying me with a note* of the judgment of HHJ Saggerson in Holley -v- Woodburn. HHJ Saggerson, Central London County Court). A copy of the judgment is available here C65YX969 Holley v…
In Taylor v Rhino Overseas Inc. [2020] EWCA Civ 353 the Court of Appeal set out guidance for a party attempting to appeal a finding of fact. The fact that such an appeal is being made must be set out…
In Roberts v Kesson & Anor [2020] EWHC 521 (QB) Mr Justice Jay allowed a defendant’s appeal and held that the trial judge should have found the claimant to be fundamentally dishonest. The fact that the claimant had been “flushed…
For the second time in two days I am writing about a relief from sanctions case where the court took into account the merits of the underlying case. Yesterday relief was refused because the court held that the case had…
The discussion yesterday of the decision in Aven & Ors v Orbis Business Intelligence Ltd [2020] EWHC 523 (QB) gives rise to review cases on pleading a defence, in particular the important distinction between a “denial” and a “non-admission”. It is…
In Price, R v (on the application of) v The Crown Court at Snaresbrook [2020] EWHC 496 (Admin) Mr Justice Freedman refused the claimant’s application for relief from sanctions because the underlying claim was “hopeless”. This is a rare example…
There are some interesting observations about statements of case in the judgment of Mr Justice Warby in Aven & Ors v Orbis Business Intelligence Ltd [2020] EWHC 523 (QB). This case emphasises the difference between a non-admission and a denial…
In Canada Goose UK Retail Ltd & Anor v Unknown Persons [2020] EWCA Civ 303 the Court of Appeal upheld the judge’s decision not to grant the claimant any kind of relief due to a failure to properly serve the…
There was some controversy earlier this week when Legal Cheek reported on websites charging barrister hopefuls as much as £200 an hour for pupillage interview advice. Many of the lawyers on Twitter were fairly outraged by this practice and doubted…
I am grateful to solicitor Ian Bailey from PGB Gitlin Baker for sending me a copy of the decision of HHJ Roberts in Phillips -v- Secretary of State for Transport. (County Court at Central London 24/02/2020 – a copy of…
This is post that was originally written in May 2014. It followeda talk I gave in Leeds “How to get sued, Make a Loss and be Miserable”. It led to the sharing of ideas between the 40 litigators who attended. …
This blog has looked, many times, at the pitfalls that can occur when lawyers make statements on behalf of their clients. An example can be seen in the judge of Mr Justice Edis in Cobussen Principal Investment Holdings Ltd v…
My colleague Paul Hughes has provided a link to a judgment today of District Judge Lumb in the case of Chapman -v- Norfolk & Norwich University Hospitals NHS Foundation Trust, available here. The judgment considers the issue of when a…
The Courts and Tribunals Judiciary site has an “e-bundles protocol”. Since this is a sign of things to come it would benefit all practitioners to read it. THE GUIDANCE 4. Where an e-bundle is to be used the following technical…
In Core-Export Spa -v- Yang Ming Marine Transportation Corp [2020] EWHC 425 (Comm) HHJ Pelling QC (sitting as a High Court Judge) refused an application to set aside a default judgment. The defendant had an arguable defence, however its history…
There is an interesting reminder of the provisions of CPR 33.6 in the judgment of HHJ Russen QC (sitting as a High Court Judge) in Dowman Imports Ltd v 2 Toobz Ltd (Rev 1) [2020] EWHC 291 (Comm). The judge…
The potential impact of coronavirus on the legal community was discussed on Twitter yesterday. This may be a good time to provide links to practical guidance given by lawyers in relation to legal practice. Here we look at official advice,…
In Butler v Bankside Commercial Ltd [2020] EWCA Civ 203 the Court of Appeal upheld Turner J’s decision that the wording of a conditional fee agreement on offers of settlement applies just as much to advice given by the lawyer…
Links and articles to blog posts and articles available online in February 2020 Costs Herbert Smith Freehills Court of Appeal decision highlights indemnity costs risk where claimant pursues speculative claims and unreasonably refuses Part 36 offer Law Society Gazette PI lawyers alive…
In Blackpool Borough Council v Volkerfitzpatrick Ltd and Range Roofing and Cladding Ltd & Ors [2020] EWHC 387 (TCC) HHJ Davies (sitting as a High Court judge) carried out a detailed consideration of the conduct of an expert when considering,…
A few years ago, when large parts of my local area were flooded, I set up a blog on flooding and the law. The aim was to have links both legal and practical issues. Today seems a good day to…
In the judgment today in Chapelgate Credit Opportunity Master Fund Ltd v Money & Ors [2020] EWCA Civ 24 the Court of Appeal upheld a decision not to apply the “Arkin cap” to a party that had been funding litigation. …
On the 6th April 2020 I am presenting a webinar “The Key Cases in Fatal Accident Dependency Claims” – concentrating upon the assessment of damages in fatal accident cases. THE WEBINAR The means of assessment of fatal accident…
In the judgment in Cowley v LW Carlisle & Company Ltd [2020] EWCA Civ 227 today the Court of Appeal dismissed the claimant’s appeal against an order striking out his claim against one defendant. At the time the striking out…
Last September there was a crowd-sourced post on this blog about the best means of travel and accommodation for lawyers. This is particular interest to litigators who who to travel for court hearings or meetings. When Professor Dominic Regan contacted…
There was one aspect of the evidence mentioned in the judgment Morrow v Shrewsbury Rugby Union Football Club Ltd [2020] EWHC 379 (QB) Mrs Justice Farbey that was somewhat unusual. An expert handed the judge a “file of documents” to…
In Short & Ors, R (On the Application Of) v Police Misconduct Tribunal & Anor [2020] EWHC 385 (Admin) Mr Justice Saini issued a warning about the duty of candour owed to the court, particularly on a without notice application….
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