DECISION OVERTURNED BECAUSE OF UNFAIR JUDICIAL TREATMENT: “TAKING UP THE CUDGELS OF CROSS-EXAMINATION”
There are few cases that are overturned on the grounds of unfair judicial treatment. However this was one of grounds the appeal was allowed today in Serafin v Malkiewicz & Ors [2019] EWCA Civ 852 “On numerous occasions, the Judge…
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…
DEFENDANT’S PART 36 OFFER WAS VALID: COURT OF APPEAL UPHOLD OFFER THAT REFERRED TO UNPLEADED COUNTERCLAIM AND SOUGHT 8% INTEREST AFTER EXPIRY
In Calonne Construction Ltd v Dawnus Southern Ltd [2019] EWCA Civ 754 the Court of Appeal upheld a finding that a defendant’s Part 36 offer was a valid one. The offer related to a counterclaim that had yet to be…
COURT COULD NOT GO OUTSIDE FIXED COSTS REGIME: HOWEVER AN ORDER SEEKING INDEMNITY COSTS IS NOT AN “INTERIM” APPLICATION
I am grateful to Matthew Hoe from Taylor Rose for sending me a copy of the judgment of Mrs Justice Carr in Parsa -v- D.S. Smith PLC (25th March 2019) Parsa v D.S. Smith PLC – Approved Judgment –…
DOES THE BASIC LAW OF EVIDENCE AND PROCEDURE RUN IN THE IMMIGRATION IMMIGRATION UPPER TRIBUNAL? A MATTER OF CONCERN TO US ALL
The Immigration Upper Tribunal does not appear to recognise some of the basic principles of civil evidence and appellate jurisdiction. Certainly this is the impression you get when reading the judgment of Lord Justice Davis in Palash v Secretary of…
FIXED COSTS, CASES OVER £25,000, EXCEPTIONAL CIRCUMSTANCES AND THE BASKET OF CASES
In Ferri v Gill [2019] EWHC 952 (QB)Mr Justice Stewart considered the relevant criteria to be applied when a claimant argued that fixed costs should not be applied to a case that had started in the portal but was settled…
FIXED COSTS WHEN A PERSONAL INJURY ACTION SETTLES FOR MORE THAN £25,000: “NEW RULES” TO BE APPLIED AND FIXED COSTS APPLY
I am grateful to Matthew Hoe from Taylor Rose TTKW for sending me a copy of the judgment of HHJ Sephton QC in Lovatt -v- Lew Diecastings Ltd (County Court in Manchester, 4th December 2018). Lovatt v LEW Diecastings Ltd…
BARRISTERS’ FEES ARE “PROPERTY”: COURT OF APPEAL DECISION TODAY (A HUMAN RIGHTS ISSUE TOO…)
In Gwinnutt v George & Anor [2019] EWCA Civ 656 the Court of Appeal held that a barrister’s fees (paid under the old pre-contractual arrangements) were, in fact, “property” (at least for the purpose of insolvency). There is also an…
AN UNSUCCESSFUL ATTEMPT TO APPEAL JUDGE’S EXERCISE OF DISCRETION UNDER S.33 OF THE LIMITATION ACT 1980 IN FAVOUR OF THE CLAIMANT
In HMG3 Ltd & Anor v Dunn [2019] EWHC 882 (QB) Mrs Justice Yip upheld the findings of a Circuit Judge who exercised their discretion under Section 33 in favour of a claimant. THE CASE The claim is brought by…
RELIEF FROM SANCTIONS GRANTED WHERE MONEY PAID 17 HOURS LATE:”A SENSE OF PERSPECTIVE IS NECESSARY”
In Khandanpour v Chambers [2019] EWCA Civ 570 the Court of Appeal allowed an appeal in relation to a refusal to give relief from sanctions. A delay in payment of 17 hours of part of the moneys ordered by the…
AMENDMENT, FOOTBALL AND THE ALLEGEDLY NEGLIGENT SOLICITOR: SIX KEY POINTS (WITH THE LAST ONE BEING THE MOST IMPORTANT OF ALL)
There are many reasons litigators should read the judgment of Mrs Justice O’Farrell in Jenkins v JCP Solicitors Ltd [2019] EWHC 852 (QB). 1. It provides yet another example of a claimant suing the wrong entity The firm of solicitors…
PERSONAL INJURY SUCCESS FEES: REDUCTION TO 15% CONFIRMED BY COURT OF APPEAL: ATE INSURANCE IS RECOVERABLE AS A DISBURSEMENT
In Herbert v H H Law Ltd [2019] EWCA Civ 527 the Court of Appeal upheld a decision on a solicitor and own client assessment that the additional liability in a simple personal injury case should be 15%. It allowed…
COSTS, MEDICAL AGENCIES, VAT: SOLICITORS CAN RECOVER VAT PAID TO MEDICAL AGENCIES ON ASSESSMENT
In British Airways Plc v Prosser [2019] EWCA Civ 547 the Court of Appeal considered whether it was appropriate for a claimant’s solicitor to recover the costs of VAT paid to medical agencies. THE CASE The claimant succeeded in a…
TOO MANY DOCUMENTS, TOO MANY AUTHORITIES: A REMINDER OF AN OLD FASHIONED REMEDY: BEWARE YE, BEWARE YE
When commenting on a recent case about committal in the Court of Appeal Professor Dominic Regan made the point that the first part of the hearing had been marked by judicial comments about the size of the bundles and number…
SETTING ASIDE AN ORDER WHEN THE DEFENDANT DID NOT APPEAR: THE RULES SHOULD BE FOLLOWED
There are several unusual aspects about the decision of Salix Homes v Mantato [2019] EWCA Civ 445, not least it is an appeal directly from a Deputy District Judge to the Court of Appeal. In addition to the point of law…
A SECOND ACTION TO SET ASIDE AN EARLIER JUDGMENT OBTAINED BY FRAUD: SUPREME COURT DECISION: THE “BARE KNUCKLE FIGHT” OF THE LAW
In Takhar v Gracefield Developments Ltd & Ors [2019] UKSC 13 the Supreme Court held that a claimant could bring an action to set aside an earlier judgment which, it is alleged, was obtained by fraud. The judgment deals with two…
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…
PERMISSION TO AMEND PLEADINGS TO PLEAD NEW CASE AFTER EXPIRY OF LIMITATION PERIOD REFUSED: COURT OF APPEAL DECISION: STICK TO THE PLEADINGS
In Samba Financial Group v Byers & Anor [2019] EWCA Civ 416 the Court of Appeal overturned an order allowing the claimant permission to amend its case. In essence the Court of Appeal decided that where a court was considering an…
PROVING THINGS 144: THAT TEMPTATION TO PUT MATTERS IN THE SKELETON THAT AREN’T ESTABLISHED BY THE EVIDENCE: ALSO – THE POWER OF LISTS
We have looked before at attempts to use a skeleton argument to introduce evidence (often made in desperation to be fair). An example of this can be seen in a short passage in the judgment in Schettini v Silvestri & Ors…