Attempts to appeal findings of fact are extremely common, so common that I have stopped writing about them. There is also a common theme – the judge should not have found that, says the appellant: it was a finding open…
In Everwarm Ltd v BN Rendering Ltd [2019] EWHC 2078 (TCC) Mr Alexander Nissen QC (sitting as a Deputy High Court Judge) considered the appropriate test to be applied when the court made a peremptory order and an application was…
In Castle Trustees Ltd -v-Bombay Palace Restaurant Ltd [2017] EWHC 3893 (TCC) Mrs Justice Jefford allowed the defendant’s application for relief from sanctions when the defendant served witness and expert evidence late. This case is interesting for a number of…
In Willers v Joyce & Ors [2019] EWHC 2183 (Ch) Lady Justice Rose dismissed an application for costs against solicitors and counsel who had represented an unsuccessful party on a conditional fee basis. “… there is a strong public interest…
I am grateful to solicitor Anthony McCarthy for sending me brief details of a successful appeal against a decision refusing remission of court fees. Anthony states that successful appeals are very rare. ANTHONY’S NOTE ON THE APPEAL Fee was £10k…
A post yesterday commented on the dangers of a solicitor (or indeed anyone) making a witness statement without giving the sources of their information and belief. An identical issue arose in the judgment of Deputy Master Linwood in Islestarr Holdings…
The previous post in this series have been primarily of interest to personal injury lawyers. Matters relating to service of the claim form relate to virtually all litigators. Indeed the majority of disputed cases in relation to service appear to…
There are numerous examples on this blog of the difficulties that can occur when a solicitor makes a witness statement on behalf of their clients. The dangers are exemplified in the judgment of Master Marsh in Folgender Holdings Ltd &…
Many litigants don’t tell their lawyers that they are bankrupt. Some firms ask as a matter of course, many do not. Some litigators do not appreciate the impact of personal bankruptcy on a litigant. A CASE TO POINT: A TRIAL,…
In the sixth in this series we look at accidents abroad. In most cases the limitation period of the country where the accident occurred is the limitation period that applies. A lack of knowledge of this basic point, and of…
A short, but fundamental, point about making submissions at the close of a case. You cannot generally make submissions that a witness is lying unless that case has been put directly to that witness in cross-examination. “It is a fundamental…
Most clients are happy to find an expert witness who agrees with their case. Even better, it may be thought, is an eminent expert who feels very strongly about the case. However, as we have seen so often on this…
Several posts last week dealt with claims relating to aircraft and the limitation period. The Montreal Convention was considered in Labbadia v Alitalia (Societa Aerea Italiana SPA) [2019] EWHC 2103 (QB). (One essential point to take home is that this…
In the fifth in this updated series we are looking at the different time periods that apply when an accident occurs on, or even near, water. The aim, as ever, is to flag these issues up so that (as…
In Ashley & Anor v Jimenez [2019] EWHC 1806 (Ch) Chief Master Marsh rejected an argument that service on a solicitor who given their address for service in the acknowledgement of service was not good service of an application. For…
I am grateful to Charles Bagot QC for referring me to the Bar Council publication “Acting as a Solicitor’s Agent”. This has a different view to those set out in earlier posts. It would be prudent for those involved in…
Last month I reported on a decision in relation to rights of audience in “chambers”, in particular what was meant by chambers. That led to a lot of (sometimes heated) discussion on Twitter and a response from “Elderly Cost Nerd”…
There are many lessons that litigation lawyers can learn from the judgment of Master Leonard in Rattan v Carter-Ruck Solicitors [2019] EWHC B9 (Costs). It is a case where a client agreed to a settlement and then, essentially, sought to…
In Hanson & Ors v Carlino & Anor [2019] EWHC 1940 (Ch) Mrs Justice Falk neatly sidestepped the vexed question of when a claimant can enter judgment in default of acknowledgement of service by entering judgment in default of defence. …
I am grateful to my colleague Robin Dunne for sending me a copy of the decision of Master Leonard in PME -v- The Scout Association (30/07/2019). 1. JUDGMENT PME (003). This deals with two issues (i) the jurisdiction of…
I am continuing to advertise voluntary sector jobs whilst Nearly Legal is on pause. This job is in Sheffield. ATLEU job vacancy – Immigration Caseworker/Solicitor Salary: £21,000 to £27,000 p/a (depending on experience…
This is the fourth in the series. The purpose of this post is to make you feel really uncomfortable when you are involved with a case that involves aviation and personal injury, in any way shape or form. Including when…
This blog has looked, many times, at the judicial assessment of evidence, particularly witness evidence. Often this is done by reference to the “Gestmin” criteria. In CXB -v-North West Anglia NHS Foundation Trust, [2019] EWHC 2053 (QB) HH Judge Gore…
In Cowan v Foreman & Ors [2019] EWCA Civ 1336 the Court of Appeal were far more supportive of the idea that parties in Inheritance Act claims could agree a “limitation amnesty”. However an agreement has to be drafted with…
I am grateful to John McQuater for sending me a copy of consent order made in the Court of Appeal. The Court allowed an appeal, by consent, that the defendant to certain applications was only allowed fixed costs in an…
Here we look at ten “myths” (that is misconceptions) about limitation that can lead to personal injury litigators getting into difficulties. Myth 1: In a breach of contract case the limitation period is six years. This is clearly a prevalent…
Suffolk Law Centre has a job vacancy. The details are below. The vacancy can also be viewed online here. Tackling Discrimination in the East Part-Time Discrimination Legal Advisor Job Share: 22.2 Hours (specific times by agreement) Salary: …
The judgment of District Judge Hickinbottom in Gibbons -v- Rotherham Doncaster and South Humber NHS Foundation Trust (o4/06/2019), discussed in an earlier post, also has an interesting section in relation to a Part 36 offer. “It seems to me the Defendant could…
I am grateful to solicitor John McQuater for sending me a copy of the judgment of District Judge Hickinbottom in Gibbons -v- Rotherham Doncaster and South Humber NHS Foundation Trust (o4/06/2019). It concerns the question of whether an assault by…
This series looks at avoiding negligence claims in litigation, personal injury litigation in particular. The easiest (and most common) method of a negligence claim is missing the limitation period. How does anyone miss a three year limitation period? The basic…
In Nuttal & Anor v Kerr & Anor [2019] EWHC 1977 (QB) Mr Justice Freedman rejected an argument that an excessive delay in giving judgment meant that the trial judge’s conclusions were innately unreliable. (The judgment also reviews the authorities…
There was much excitement about the rules changes so that bundles for applications and trials should be double-sided. However nothing is consistent in legal procedure. I am grateful to barrister Matt Jackson for sending me a (highly redacted) copy…
In Notting Hill Finance Ltd v Sheikh [2019] EWCA Civ 1337 the Court of Appeal reviewed the principles relating to new matters being raised on appeal. “These authorities show that there is no general rule that a case…
The judgment today in Fullick & Ors v The Commissioner of Police for the Metropolis [2019] EWHC 1941 (QB) deals with the, often challenging, question of whether the costs of attending an inquest is recoverable in cases where the claimant…
This small, but important, book from the Justice Alliance is (I imagine) deliberately designed to resemble the campaigning pamphlets that used to be an essential part of public and political debate. It was printed by the Legal Action Group and…
The change in the discount rate has led to the Government Actuary’s Department producing supplementary tables which include the – 0.25% rate. The relevant page can be found here. LINKS TO THE TABLES Actuarial tables for use in personal…
The judgment in Rudd v Bridle & Anor [2019] EWHC 1986 (QB) also considered, and rejected, the claimant’s application for specific disclosure of documents. Mr Justice Warby held that for an order to be made under CPR 31.15 there must be…
In Rudd v Bridle & Anor [2019] EWHC 1986 (QB) Mr Justice Warby refused a claimant’s application for disclosure of the defendants’ funding arrangements. “Beyond this is the common-sense point, that the Court will not be keen to allow…
I am re-writing and expanding upon an earlier series of posts on the topic of avoiding negligence claims. This is mainly aimed at personal injury practitioners, however many of the posts relate to procedure and will be of more general…
The difficulties facing those giving advice about litigation is summed up in a judgment of Sedley LJ “Clients, I know, want two inconsistent things. They want confident advice on which they can act, and they want cautionary advice about the…
Earlier today I reported on a comment from the Court of Appeal that it did not help for authorities to be placed in alphabetical order. I commented on the absence of clear guidance. Here we look at the views from…
In Hendry v Hendry & Ors [2019] EWHC 1976 (Ch) Master Shuman refused the claimant’s application for an extension of time to bring proceedings under the Inheritance (Provision for Family and Dependants) Act 1975. THE CASE The claimant was married…
The Court of Appeal adjourned the hearing today in Swift -v- Carpenter. Looking at the footage at 1.04 you can see a comment by the court in relation to the bundle of authorities. THE BUNDLE WAS IN ALPHABETICAL ORDER…
CAN YOU ENTER JUDGMENT IN DEFAULT WHEN THE DEFENCE IS SERVED LATE? HIGH COURT DECISION THAT SAYS NOT
In Clements Smith v Berrymans Lace Mawer Service Co. & Anor [2019] EWHC 1904 (QB) Master McCloud considered the issue of whether a judgment entered after a defence had been filed late was a regular judgment. Permission was given to…
The judgment in Denton -v- White [2014] EWCA Civ 906 was given five years ago. It is a case that is still cited daily in the courts. It can be misunderstood or misquoted. Here are the 70 key points of this…
This blog has looked, several times, at the way in which the family courts look at both expert and lay witness evidence. The judgments of the family courts contain many examples of issues that arise throughout civil litigation. We see…
The judgment in Credit Suisse Securities (Europe) Ltd & Ors v HM Revenue and Customs [2019] EWHC 1922 (Ch) demonstrates a strange position on the part of the claimant bank. The claimant banks did not adduce any evidence to prove…
Yesterday I wrote on rights of audience. This led to a great deal of comment on Twitter and a response from an elderly costs nerd (who wishes to remain anonymous) has commented on this case: “Your post today about the…
There is an interesting passage in the judgment of Turner J in Court Enforcement Services Ltd v Burlington Credit Ltd [2019] EWHC 1920 (QB) relating to written submissions and advocacy. “… there appears to me to be a growing trend…
In Timokhina v Timokhin [2019] EWCA Civ 1284 the Court of Appeal overturned an order that a mother pay counsel’s fees of certain hearings. The judgment is interesting in that costs were disallowed (inter partes) as unreasonable even when the…
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