I am grateful to barrister Mark Roberts for sending me a copy of the decision of HHJ Gargan in Wise -v- Hegarty & Alpha Insurance (9th July 2019) a copy of which is available here. OT APPROVED CRAWFORD D10YJ706 WISE…
The Court of Appeal judgment today in Irani v Duchon [2019] EWCA Civ 1846 adds to the Proving Things series in relation to a failure to establish key matters at trial (it also gives me an opportunity to promote the…
There have been concerns in the past about the way in which civil committal proceedings are carried out. A guide to the careful approach needed is shown in the judgment of Chamberlain J in The All England Lawn Tennis Club…
There is a report of a case where relief from sanctions was granted in Anglia Autoflow North America LLC and Another v Anglia Autoflow Ltd [2019] Costs LR 155. One thing that marks this case is the total candour from the…
This is unlikely to be the last post on this topic. Workload is likely to be the main source of stress for most litigators. The very basic issue of what is an appropriate caseload for litigators is often complained about…
Here we have links to blogs and articles about civil procedure and costs from October 2019. (If you have written a blog post or article that you think should have been included in this round up please contact me and…
The previous post in this case on the judgment in Pepe’s Piri Piri Ltd & Anor v Muhammad Ali Junaid Food Trends Ltd (Now Dissolved) & Ors[2019] EWHC 2769 (QB) highlights the problems posed by one of the most ridiculous rules…
In Pepe’s Piri Piri Ltd & Anor v Muhammad Ali Junaid Food Trends Ltd (Now Dissolved) & Ors[2019] EWHC 2769 (QB) Matthew Gullick (sitting as a High Court judge) granted the claimants relief from sanctions in relation to late service…
I am pleased to announce that, from the 1st November 2019, I have become a tenant at Kings Chambers, based in Leeds, Manchester and Birmingham. I will be a member of the Serious Injury, Clinical Negligence and Healthcare and…
No matter how hard you try, on occasions, things will go wrong in litigation. Do you have a plan? Here we examine the need to have a plan to cover default and other issues in litigation. We then look in…
The judgment of HHJ Russen (QC) (sitting as a High Court Judge) in Kivells Ltd v Torridge District Council [2019] EWHC 2846 (TCC), contains a number of interesting scenarios in relation to civil evidence. Many of the common problems of…
The interesting thing about writing a blog on civil procedure is that – despite the apparent narrowness of the subject – new issues come up all the time. You can never say you have “seen it all”. I was reading…
In the judgment today in Travelers Insurance Company Ltd v XYZ [2019] UKSC 48 the Supreme Court held that the insurer was not liable to pay the costs of those claimants who had proceeded (unknowingly) against uninsured defendants. This is…
In Gulf International Bank BSC v Aldwood [2019] EWHC 1666 (QB) John Kimbell QC (sitting as a High Court judge) made some observations about using expert evidence on foreign law without the court’s permission. THE CASE The judge was…
The judgment of Mrs Justice Lambert in Campbell -v- Ministry of Defence [2019] EWHC 2121 (QB) emphasises the difficulties for a claimant who has accepted a Part 36 offer late. The claimant had to bear the usual costs consequences and…
“If court proceedings are served on a solicitor without authority is that good service” was a search that led to this blog yesterday. This is a question with a very easy answer. This blog has looked at this issue several…
In Morley (t/a Morley Estates) v The Royal Bank of Scotland Plc [2019] EWHC 2865 (Ch) Mr Justice Kerr granted the claimant’s application to rely on witness summaries and refused the defendant’s application to set aside witness summonses. The judge…
Today seems a good day to consider prospective applications for extensions of time. These are going to figure in every litigators career at some point. A knowledge of the relevant law is essential. A prospective application of time is dealt…
A search term led someone to this blog today “how is it legal to get away with lying in court”. There is a whole host of material on the question of what is a “lie”, compared to a false or…
STAYING SANE AS A LITIGATOR 4: : A HALLOWEEN SPECIAL: KNOWING THE EVERYONE HAS LITIGATION NIGHTMARES
Litigation gives rise to its own pressures. Every litigator with any degree of experience will have horror stories. I thought it worthwhile repeating the advice given by the lawyers of Twitter for Halloween a few years back. You will see…
In C (A Child) (Judicial Conduct) [2019] EWFC B53 HHJ Rogers allowed an appeal in a family case. The unusual aspect of the appeal was that the main issue was the conduct of the trial judge and the appeal on…
In Alesco Risk Management Services Ltd & Ors v Bishopsgate Insurance Brokers Ltd & Ors [2019] EWHC 2839 (QB) Mr Justice Freedman considered the language used in witness statements. The heat generated by intemperate language rarely helped the litigants involved….
I am grateful to barrister Sarah Robson for sending me a copy of the judgment of the Court of Appeal today in Aldred -v- Cham [2019] EWCA Civ 1780. It is one of those occasions where the Court of Appeal…
I am grateful to Simon Fisher from DWF costs for sending me a copy of the decision of District Judge Osborne in Flanagan -v- Royal & Sun Alliance Insurance PLC (16th May 2019). A copy of that case is available…
In Higgins & Co Lawyers Ltd -v- Evans [2019] EWHC 2809 (QB) Mr Justice Pushpinder Saini overturned a decision that a conditional fee agreement was not enforceable after death. THE CASE The deceased had signed a CFA agreement with the…
I am returning to the issue of the basic and mandatory requirements of a witness statement. Here we are looking at the very basic rules as to what should appear on the first page of a witness statement. WHY YOU SHOULD…
Alongside solicitor and partner in Irwin Mitchell Hilary Wetherell I am speaking at the APIL day-long courses on fatal accidents in November and December this year, in London, Manchester and Bristol. Our emphasis is on practical knowledge and application of…
In Global Assets Advisory Services Ltd & Anor v Grandlane Developments Ltd & Ors [2019] EWCA Civ 1764 the Court of Appeal confirmed that the court can make an interim order for costs after a claimant has accepted a Part…
I imagine that every single medical practitioner agrees on the importance of sleep in an individual’s health. It affects both physical and mental well being. Yet lawyers are ranked second amongst the most sleep deprived professions. Studies indicate that lawyers…
Twitter this afternoon gave rise to a number of interesting discussions about the role of the counter-schedule. I got permission to share some of the contributions. THE START It started with Sarah Pritchard QC looking for ideas for a talk…
Nigel Poole QC has a book published this month “Clinical Negligence Made Clear A Guide for Patients and Professionals”. I have had access to the printed and the digital copy, and I’ve had fun… “If you can’t explain it simply, you…
We have looked at “fish files” several times on this blog, and with good reason. A “fish file” is a file that has been left for so long it has started to smell. Consequently the litigator avoids it and it…
In RXK v Hampshire Hospitals NHS Foundation Trust [2019] EWHC 2751 (QB) Master Cook made some important observations about the quality of evidence needed to obtain an interim order for costs in an ongoing case. (The judgment in X -v-…
In Paralel Routs Ltd v Fedotov [2019] EWHC 2656 (Ch) HHJ Paul Matthews (sitting as a judge of the High Court) emphasised the importance of procedural rules. There are quite a few interesting observations in relation to disclosure, redaction, civil…
It is not often that appeals over planning decisions make their way to this blog. It must be even rarer for such appeals to consider the question and appropriateness of humour (and song) in the judicial process. That is what…
In the judgment today in Brown v Commissioner of Police of the Metropolis & Anor [2019] EWCA Civ 1724 the Court of Appeal considered the issue of QOCS in “mixed cases”. The judgment requires careful reading. Generally speaking all personal…
The “Back to Basics” series, as the title suggests, deals with some of the basic elements of civil procedure. It covers everything from applications and bundles to the taking of witness statements. The titles are often prompted by elements…
Yet another example of the difficulties arising in civil committal proceedings arises in the Court of Appeal decision today in O (Committal: Legal Representation) [2019] EWCA Civ 1721. Legal representation, if requested, is essential if committal proceedings are to be valid….
The Supreme Court judgment yesterday in Gilham v Ministry of Justice [2019] UKSC 44 provides a landmark ruling on the issue that judges are “workers” and entitled to the protection of the Employment Rights Act 1996. There will be many…
In Haider v DSM Demolition Ltd [2019] EWHC 2712 (QB) Mr Justice Julian Knowles refused a claimant’s appeal against a finding that the defendant was not negligent. He granted the defendant relief from sanctions and allowed an appeal against a…
In Michael v Lillitos [2019] EWHC 2716 (QB) Mrs Justice Steyn overturned a decision refusing relief from sanctions. The Appellant had made payments by cheque rather than by bank transfer. It is also an important example of the pitfalls caused…
Today I am speaking at the Motor Accidents Solicitors Society annual conference on the topic of “Avoiding a Breakdown – Helping Your Clients by Helping Yourself”. I thought this would be a good day to start a new series on…
In Lakatamia v SU [2019] EWCA Civ 1626 the Court of Appeal refused an application for permission to appeal out of time in a case where the applicant had been committed to prison for contempt. “Hysaj establishes that the…
In Bell v Bedford Hospital NHS Trust [2019] EWHC 2704 (QB) the claimant established clinical negligence but failed to prove causation. THE CASE The claimant suffered a major stroke that left her with significant permanent disabilities. She claimed that…
I wrote about the first instance decision in Kogan v Martin & Ors [2019] EWCA Civ 1645 here. The Court of Appeal have ordered a retrial in the case. There are important observations about the role of the judge in…
In Hussain v EUI Ltd [2019] EWHC 2647 (QB) Mr Justice Pepperall dismissed a claimant’s appeal in relation to the assessment of damages. “Need for social and domestic purposes is not self-proving and, in this case, cannot simply be inferred”…
One, unusual, aspect of the decision in Mustard v Flower & Ors [2019] EWHC 2623 (QB) is that the experts had sought directions from the court. This brings attention to the (apparently) little used provisions of CPR 35.14. Experts have the…
An earlier post dealt with the case of Mustard v Flower & Ors [2019] EWHC 2623 (QB) and the claimant’s decision to record her appointments with the defendant’s medical experts. The issue of what, precisely, was said to an expert can…
There is another aspect of the judgment of Master Davison in In Mustard v Flower & Ors [2019] EWHC 2623 (QB) that is of considerable interest. The Master disallowed a series of lengthy questions to the experts. The Master pointed out…
In Mustard v Flower & Ors [2019] EWHC 2623 (QB) Master Davison allowed the claimant to produce as evidence the tapes they had recorded of their consultations with the defendant’s medical experts. This decision raises some interesting issues. (The case…
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