THE TRIAL JUDGE COULD SAY BULLOCKS TO THE COST ORDER: ON APPEAL, HOWEVER, THE CLAIMANT SHOULD NOT HAVE BEEN SO BULLISH
In Fouladi v Darout Ltd & Ors [2019] EWHC 1674 (Ch) Mr Justice Henry Carr refused an appeal against the making of a “Bullock” order in relation to the costs of a fourth defendant. The claimant, however, was not successful…
EXTENSION OF TIME FOR SERVICE SET ASIDE: THE DANGERS OF SEEKING TO EXTEND THE LIFE OF A CLAIM FORM ON A WITHOUT NOTICE BASIS – EXEMPLIFIED
In Al-Zahra (PVT) Hospital & Ors v DDM [2019] EWCA Civ 1103 the Court of Appeal allowed an appeal by defendants who objected to an extension of time being granted for service of the claim form. It is an object…
MOTOR INSURERS BUREAU IS LIABLE TO COVER VEHICLE BEING DRIVEN OFF ROAD: COURT OF APPEAL DECISION TODAY
In Motor Insurers’ Bureau v Lewis [2019] EWCA Civ 909 the Court of Appeal upheld the finding of Mr Justice Soole that the Motor Insurers Bureau were liable to indemnify the driver of a vehicle that was being driven “off…
“VERY UNFORTUNATELY, ON TWO OCCASIONS… THE … JUDGE FELL ASLEEP”: APPEAL ALLOWED
In Science Museum Group v Wess [2019] UKEAT 0260 HHJ Auberach made a finding that the Employment Judge had fallen asleep. The appeal was allowed on this ground alone. “I find as a fact that, very unfortunately, on the afternoon…
DRAFT JUDGMENTS “ARE NOT AN INVITATION TO TREAT”: COURT OF APPEAL SEEKS TO PUT AN END TO REQUEST THAT ARE “CONFRONTATIONAL AND DISRESPECTFUL”
In I Children [2019] EWCA Civ 898 the Court of Appeal gave clear guidance to practitioners who write to the court seeking “clarification” of a written judgment. There are clear parameters and the parties should not use the draft judgment…
“THIS WAS A DECISION TAKEN ON FACTS UNSUPPORTED BY EVIDENCE”: MASSIVE INCOMPETENCE BY THE PAROLE BOARD: WHERE TWO CASES GET CONFUSED – HOW CAN WE SLEEP AT NIGHT?
It is unusual for this blog to look at decisions relating to Parole Board. However the careful gathering and analysis of evidence is central to every litigator’s role. A remarkable set of facts is outlined in the judgment of HHJ…
COURT OF APPEAL: NOT TOO KEEN ON PERMISSION BEING GRANTED FOR “ACADEMIC” ARGUMENTS
In J-S (Children) [2019] EWCA Civ 894, the Court of Appeal declined to hear an argument that was “academic”. It also gave guidance to judges when considering applications for permission to appeal on the “other compelling reason for an appeal”…
PERMISSION TO APPEAL: THE RELEVANT TEST: NO REQUIREMENT THAT SUCCESS BE PROBABLE OR MORE LIKELY THAN NOT
In R (A Child) [2019] EWCA Civ 895 the Court of Appeal set out the criteria for permission for appeal. “The test for the grant of permission to appeal on an application to the Court of Appeal or to the…
APPEALING FINDINGS OF FACT: THE UPHILL BATTLE
In Staechelin & Ors v ACLBDD Holdings Ltd & Ors [2019] EWCA Civ 817 Lord Justice Lewison set out a “cut out and keep” guide for parties attempting to appeal findings of fact. A reminder of the uphill battle that appellants…
APPEALING FINDINGS OF FACT: SEEKING FURTHER INFORMATION AND THE CONSTRUCTION OF EXPERT EVIDENCE
I am grateful to Charles Bagot QC for sending me a copy of the judgment of Mr Justice Birss in Price -v- Cwm Taf University Health Board [2019] EWHC 938 (QB). A transcript of the case is available on the…
RELIEF FROM SANCTIONS, LATE SERVICE OF NOTICE TO APPEAL AND THE LITIGANT IN PERSON
In London Borough of Hamlets v Al Ahmed [2019] EWHC 749 (QB) Mr Justice Dove set aside an order granting an appellant an extension of time for appealing. The fact that the appellant was a litigant in person was not a…
DENTON CONSIDERED: EXTENSION ALLOWED WHEN NOTICE HAD GONE INTO SOLICITOR’S SPAM FOLDER
In Adetoye v The Solicitors Regulation Authority [2019] EWHC 707 (Admin) Mr Justice Mostyn allowed an appellant an extension of time when a notice of appeal was served late. The delay was because the appellant had not noticed the order appealed…
INTERIM PAYMENTS ON ACCOUNT OF COSTS IN HIGH VALUE CASES: THE IMPORTANCE OF CASHFLOW RECOGNISED IN SHEFFIELD
I am grateful to Jim Gladman from Switalskis, solicitors for sending me a copy of the approved judgment of HHJ Robinson in I -v- Hull & East Yorkshire NHS Trust (25th February 2019). A copy of that judgment is available…
TERMINATING A CFA WITH GOOD REASON: NO NEED FOR SOLICITORS TO WAIT FOR GODOT: ADVICE ABOUT “SETTLEMENT” COVERS THE MAKING OF AN OFFER
In Butler v Bankside Commercial Ltd [2019] EWHC 510 (QB) Mr Justice Turner upheld a decision of Master Yoxall holding that a client was liable to pay their solicitor’s costs after a conditional fee agreement came to an end when the…
PROVING THINGS 142: CLAIMANT HAS TO PROVE SIZE OF HIGHWAY DEFECT: PHOTOGRAPHS THAT WERE “ALMOST COMPLETELY USELESS”
The judgment today in Walsh v The Council of the Borough of Kirklees [2019] EWHC 492 (QB) contains an important message for anyone involved in highway or “tripper” litigation: the claimant has to have evidence to prove the size of the…
IF YOU ARE AT TRIAL AND HAVEN’T PAID THE TRIAL FEE: STRIKE OUT IS AUTOMATIC: A FORMAL APPLICATION FOR RELIEF FROM SANCTIONS NEEDS TO BE MADE
In Hyslop -v- 38/41 CHG Residents Company Limited [2018] EWHC 3893 (QB) Mr Justice Freedman considered a case in which the fact that a claimant had not paid the trial fee only came to light at the trial itself. …
TIME FOR APPEALING: ANOTHER TRICKY POINT TO WATCH: TIME RUNS FROM THE DATE OF THE DECISION AND NOT ANY LATER DATE: A HELPFUL GUIDE TO THE PROCEDURE TO BE FOLLOWED
In McDonald v Rose & Ors [2019] EWCA Civ 4 the Court of Appeal highlighted an important point in relation to the time for appealing. Time for appealing runs from the date that the decision is given, not a later date….
FIXED COSTS DO NOT APPLY WHEN THEY ARE INCONSISTENT WITH THE TERMS OF CONSENT ORDER: JUDGMENT ON APPEAL IN THE COUNTY COURT
I am grateful to Sam Hayman and Tom Jenkinson from Bolt Burdon Kemp for sending me a copy of the judgment of His Honour Judge Wulkwik in Miss Seyi Adelekun -v- Mrs Siu Lai Ho. (Central London County Court 18/10/2018). A…
CIVIL EVIDENCE AND LITIGANTS IN PERSON : THE DANGERS OF A JUDGE ASKING LEADING QUESTIONS
In Global Corporate Ltd v Hale [2018] EWCA Civ 2618 the Court of Appeal emphasised the dangers of a judge asking leading questions of a witness. It is a case that highlights the difficulties of trials involving litigants in person. THE…
ACTION SHOULD NOT HAVE BEEN STRUCK OUT: DENTON PRINCIPLES NOT ENGAGED IN FAILING TO SERVE PARTICULARS OF CLAIM AND MEDICAL REPORT
In the judgment today in Mark v Universal Coatings & Services Ltd & Anor [2018] EWHC 3206 (QB) Mr Justice Martin Spencer allowed an appeal against an action being struck out. The case has many procedural complexities. Here we look at…