ANOTHER BLOG FROM THE PAST: THE DIFFERENCE BETWEEN “EVIDENCE” AND “SUBMISSIONS”: A PROBLEM THAT PERSISTS TODAY
As part of the 11th anniversary process I am looking at a blog that was written in June 2014. “WITNESS STATEMENTS ARE FOR FACTS: KNOWING THE DIFFERENCE BETWEEN EVIDENCE AND SUBMISSIONS (AND WHY IT MATTERS)”. It is very interesting to…
THE JUDGE HAD ADJOURNED THE HANDING DOWN OF A JUDGMENT AND RETAINED A DISCRETION OVER PERMISSION TO APPEAL: AN ISSUE LIKE LONDON BUSES – TWO ARRIVE ALMOST AT ONCE
I cannot recall a case where, in the space of a week, there have been two cases about the circumstances in which a trial judge can give permission to appeal after judgment has been handed down. The second for the…
A SHORT PLEADING POINT: PLEADING FRAUD – A BLAST FROM THE PAST
I can’t think of any other case where this blog has featured a case that was decided prior to the introduction of the Civil Procedure Rules. However the judgment in Rigby v Decorating Den Systems Ltd [1999] EWCA Civ 986…
COST BITES 157: AGREEMENT AS TO COSTS BETWEEN CLIENT AND SOLICITOR WAS CONTRACTUALLY BINDING: APPLICATION FOR SOLICITORS ACT ASSESSMENT STRUCK OUT
NB THIS DECISION WAS OVERTURNED IN AN APPEAL BY CONSENT. SEE THE POST ON THE 8th JULY 2025 I am grateful to my colleague Kevin Latham for drawing my attention to the decision of Mr Justice Eyre in Holcroft v…
THE HIGH COURT DOES NOT HAVE JURISDICTION TO HEAR AN APPEAL FROM A CIRCUIT JUDGE WHEN THAT DECISION WAS ITSELF AN APPEAL: DECISION ON THIS POINT
It is always important to remember that appeals from Circuit Judges, which are themselves a decision made on appeal, can only be heard by the Court of Appeal. In Jarvis v Metro Taxis Ltd [2024] EWHC 1452 (KB) Mr Justice…
HOW THE DEFENDANT MANAGED TO MISS TIME FOR APPEALING: THE IMPORTANCE OF APPLYING TO THE ORIGINAL JUDGE, AND AGREEING A DRAFT ORDER PROMPTLY
We are looking again at the judgment of Mr Justice Sweeting in Elbanna v Clark (Re Consequential Matters) [2024] EWHC 1471 (KB). The defendant sought permission to appeal. However by virtue of attempting to appeal to the Court of Appeal, thereby…
STATEMENTS OF CASE AND AMENDMENTS: A ROLLERCOASTER OF A CASE: ISSUE OF AMENDMENT REMITTED TO COUNTY COURT
It is too easy, in fact far too easy, to describe the case of Idziak v Merlin Entertainments PLC [2024] EWHC 1351 (KB) as a “rollercoaster”. It involves the claimant being injured on a fairground ride. The claimant succeeded at…
APPEAL COURT OVERTURNS JUDGE’S REFUSAL TO RELY ON OWN EXPERT WHEN HE DID NOT AGREE WITH THE JOINTLY INSTRUCTED EXPERT: THE “STAGGERED APPROACH” IS IMPORTANT
In Seneschall v Trisant Foods Ltd & Ors [2024] EWHC 1380 (Ch) Mr Justice Adam Johnson overturned a decision whereby a party was refused permission to rely on their own expert report. The judgment is important because it emphasises the…
UNCONTROVERTED EXPERT EVIDENCE: THE TRIAL JUDGE WAS NOT ENTITLED TO OVERRIDE THE UNQUESTIONED REPORT: GRIFFITHS -v- TUI LEADS TO CLAIMANTS BEING SUCCESSFUL ON APPEAL
I am grateful to Jatinder Paul from Irwin Mitchell for sending me a copy of the decision of HHJ Humphreys in the Wrexham County Court. The report involves a personal injury case alleging negligence which led to food poisoning which…
FATAL ACCIDENT ACT DAMAGES: THE DANGERS WHEN A JUDGE DOES NOT FOLLOW THE ESTABLISHED APPROACH: CLAIMANT’S APPEAL AGAINST “OFF PISTE” METHODOLOGY ALLOWED
In Price v Marston’s PLC [2024] EWHC 1352 (KB) Mr Justice Griffiths overturned a trial judge’s assessment of fatal accident damages because there was a failure to follow long established principles of calculation of loss. The case is an important…
EXPERT EVIDENCE, ADJOURNMENTS, CAPACITY AND APPLICATIONS TO COMMIT FOR CONTEMPT: COURT OF APPEAL UPHOLDS DECISION AT FIRST INSTANCE
In Solicitors Regulation Authority Ltd v Khan & Ors [2024] EWCA Civ 53 the Court of Appeal considered the issue of expert evidence in relation to capacity, in the context of applications for contempt of court. It was held that…
MAKING ALLEGATIONS OF DISHONESTY DOES NOT AUTOMATICALLY LEAD TO AN ORDER FOR INDEMNITY COSTS: BUT IT MIGHT DO: COURT OF APPEAL DECISION
I am grateful to both Kevin Latham and Andrew Buchan for pointing out the judgment of the Court of Appeal in Thakkar & Ors v Mican & Anor [2024] EWCA Civ 552. The court held that a judge had acted…
WHEN IS IT SENSIBLE TO APPLY TO EXTEND TIME FOR SERVICE OF THE CLAIM FORM? NEVER – JUST NEVER: A CASE TO POINT
Yesterday, in a lecture I was giving about issues relating to service of the claim form, I was asked to address the issue of “when is it sensible to apply for an extension of time for service of the claim…
“GOOGLESPOOFING” AND THIRD PARTY DISCLOSURE: DEFENDANT FAILS TO PERSUADE THE COURT THAT RECORDINGS ARE NECESSARY
In Parker v Skyfire Insurance Company Ltd [2024] EWHC 1060 (KB) Mrs Justice Dias dismissed a defendant’s appeal against a refusal to give disclosure of documents of a third party car hire company. The documents were not necessary to dispose…
EVIDENCE OBTAINED BY TORTURE: THE JUDGMENT AT FIRST INSTANCE AND THE SUPREME COURT DECISION
The question of whether evidence obtained by torture in civil proceedings is one that, thankfully, rarely comes before the court. However it was an issue considered in the judgment of Mr Justice Knowles MBE In Shangang Shipping Company Ltd -v-…
SILENCE IN THE FACE OF AN OFFER TO MEDIATE CAN HAVE AN IMPACT ON COSTS: ONCE AN OFFER TO MEDIATE IS MADE THE BALL IS IN THE RECIPIENT’S COURT
In Northamber PLC v Genee World Ltd & Ors (Rev1) [2024] EWCA Civ 428 the Court of Appeal reiterated certain key points about a party refusing to mediate. Silence in the face of an offer to mediate can have an…
REMISSION TO THE COUNTY COURT: WHAT DOES IT MEAN?
In Sherman & Anor v Reader Offers Ltd (Rev1) [2024] EWCA Civ 412 the Court of Appeal set out the limits that exist when a case is remitted to the county court for an assessment of damages following a successful…
THE DANGERS OF RUNNING UP TO DEADLINES AND LEAVING MATTERS LATE FOR COMPLIANCE: DEFENDANT HAD FAILED TO FILE WITH COURT ORDERS: REFUSAL TO GRANT RELIEF FROM SANCTIONS UPHELD ON APPEAL
The judgment of Mr Justice Ritchie in Jaiyesimi v Kukoyi [2024] EWHC 164 (KB) has many important lessons for litigators. Firstly the need for the fee to be paid in order that an application is properly made. Secondly the dangers…
COST BITES 148: THE JUDGE WAS RIGHT TO ORDER COSTS TO BE PAID IMMEDIATELY AFTER A TRIAL ON LIABILITY
In Lorimer-Wing v Hashmi [2024] EWHC 931 (Ch) Mr Justice Edwin Johnson upheld a decision that a defendant should pay costs forthwith following a trial of a preliminary issue at which the claimant was successful. “The difficulty which confronts…
ATTEMPTS TO RE-OPEN ISSUES WHEN A DRAFT JUDGMENT IS SENT OUT: COURT OF APPEAL SAYS NOT AN INVITATION TO RE-ARGUE THE ISSUES
In Supponor Ltd & Anor v AIM Sport Development AG [2024] EWCA Civ 396 the Court of Appeal resisted attempts (by both parties) to re-open key issues after a draft judgment had been sent out. “The primary purpose of this…
A COURT CANNOT SIMPLY IGNORE AN UNCHALLENGED EXPERT REPORT: DOG SAVED BY THE ADMINISTRATIVE COURT
The significance of unchallenged expert evidence at court was considered by the Administrative Court in Fitzgerald v CPS [2024] EWHC 869 (Admin). Although this is a criminal case it considers the authorities in civil actions and the central point that…
COST BITES 143: JUDICIAL OBSERVATIONS ON THE COSTS OF FAMILY LITIGATION DISPUTES: KING LEAR IS A TRAGEDY AND ALL WILL NOT END WELL
There have been two cases recently where the courts have made comments about the costs of litigation in disputes between family members. Whilst the participants may each think themselves more sinned against than sinning, it is always prudent to consider…
COST BITES 142: COSTS ON AN UNSUCCESSFUL APPLICATION TO APPEAL IN A FAMILY CASE
I keep intending to write more about issues of costs in family cases. Not because I want to delve into the intricacies of family law, but because issues of costs have major ramifications for both the clients and practitioners. Even…
COST BITES 138: IN THE ABSENCE OF A CHARGING CLAUSE THE SOLICITOR COULD NOT BE PAID FOR ACTING AS AN EXECUTOR (SEE ALSO “PROVING THINGS…)
In Brealey v Shepherd & Co Solicitors [2024] EWCA Civ 303 the Court of Appeal upheld a decision that a solicitor Executor could not charge for legal work done in the absence of a charging clause in a will. Although…
SUPREME COURT JUDGMENT TODAY: WHIPLASH TARIFF INJURIES AND COMMON LAW DAMAGES: HOW SHOULD THE COURT DEAL WITH “MIXED” CLAIMS
In Hassam & Anor v Rabot & Anor [2024] UKSC 11 the Supreme Court rejected the defendant’s appeal against the way in which damages are assessed. It upheld the the majority view of the Court of Appeal that the Civil…
COST BITES 137: WASTED COSTS ORDER WAS APPROPRIATE: APPEAL DISMISSED: SOME NOTES ON PROCEDURE
We are looking again (and not for the last time) at the judgment of Mr Justice Martin Spencer in Rainer Hughes Solicitors v Liverpool Victoria Insurance Company Ltd & Ors (Rev1) [2024] EWHC 585 (KB). The decision to make a wasted costs…
COST BITES 135: COSTS OF SOLICITOR ATTENDING REHABILITATION CASE MANAGEMENTS – MAY BE RECOVERABLE, BUT IT DEPENDS…
In Hadley -v- Przybylo [2024] EWCA Civ 250 the Court of Appeal considered the issue of whether a solicitor in a personal injury case could recover the cost of attending rehabilitation case meetings. It was decided that the costs are potentially recoverable….
“SO OPENS ANOTHER CHAPTER IN THE CONTINUING WAR AGAINST OF FORENSIC ATTRITION BETWEEN MOTOR INSURERS AND CREDIT HIRE COMPANIES”: HIGH COURT JUDGE UPHOLD DECISION TO MAKE A NON-PARTY COSTS ORDER AGAINST CAR HIRE COMPANY
I am grateful to barrister Stephen Bailey for drawing my attention to the judgment of Mr Justice Turner in Kindertons Ltd v Murtagh & Anor [2024] EWHC 471 (KB). The judge upheld the decision to make a non-party costs order…
AN APPELLANT CANNOT RE-OPEN THE GROUNDS UPON WHICH IT HAS BEEN GIVEN PERMISSION TO APPEAL: COURT OF APPEAL DECISION
In Williams v Williams & Ors [2023] EWCA Civ 1465 the Court of Appeal considered the issue of whether an appellant could seek to re-open grounds of appeal. The criteria was held to be very restricted and the appellant not…
COURT OF APPEAL – NOT THE CORRECT DESTINATION FOR AN APPEAL RELATING TO THE SENTENCE PASSED ON A JUDGMENT DEBTOR
In Roberts v Jones [2024] EWCA Civ 118 the Court of Appeal held that it was not the correct court to hear an appeal relating to an appeal by a judgment creditor in relation to a sentence passed on a…
CLAIMANT’S APPEAL ALLOWED BECAUSE THE JUDGE FOUND FOR THE DEFENDANT ON A BASIS THAT WAS NOT PLEADED
I am grateful to barrister Tom Morris for giving me details of the judgment of Mr Justice Fancourt in Jacobs v Chalcot Crescent (Management) Company Ltd [2024] EWHC 259 (Ch). It is an important case about statements of case. The…
“TELL ME MORE, TELL ME MORE”: COURT OF APPEAL SENDS OUT CLEAR MESSAGE OF THE DANGERS OF SEEKING “CLARIFICATION” OF A JUDGMENT: IT MIGHT NOT GET YOU VERY FAR…
In YM (Care Proceedings) (Clarification of Reasons) [2024] EWCA Civ 71 the Court of Appeal issued a clear warning about the misuse of the practice of “seeking clarification” from the judge following a judgment. The decision is aimed specifically at…
WHAT HAPPENS WHEN THE JUDGMENT WAS NOT RECORDED? APPEAL PROCEEDS BY WAY OF A REHEARING
There are interesting issues considered in the judgment of Mr Recorder Adrian Jack in AS v AB [2024] EWFC 24. A party was appealing. The recording (and backup recording) failed to record the judge’s judgment and there was no agreed…
DENTON WATCH 3: DENTON IN THE FAMILY COURTS
In TRC v NS [2024] EWHC 80 (Fam) Mrs Justice Lieven considered the issues relating to relief from sanction in the context of an appeal in the Family Court. She held that Denton principles applied. “… the stricter…
“RULE 1 FOR ANY JUDGE DEALING WITH A CASE” :SETTING ASIDE AN ORDER AFTER ONLY ONE PARTY HAS BEEN HEARD: SUPREME COURT OBSERVATIONS AND CASES IN THE CIVIL COURTS
There are some interesting issues raised in the Supreme Court judgment in Potanina v Potanin [2024] UKSC 3. The opening lines of the judgment, however, reiterate an important principle in relation to the need for a rehearing after a party…
DENTON WATCH 2: COURT REFUSES LATE APPLICATION FOR PERMISSION TO APPEAL
In Tameside Caravans and Storage Ltd v Viavecto Ltd [2024] EWHC 95 (KB) Mr Justice Constable refused the defendant’s request for permission to appeal out of time. The fact that the defendant was a litigant in person at the time…
SEEKING PERMISSION TO RELY ON AN EXPERT DOES NOT GIVE RISE TO AN APPLICATION FOR RELIEF FROM SANCTIONS: IMPORTANT JUDGMENT BY THE COURT OF APPEAL
In Yesss (A) Electrical Ltd -v- Warren [2024] EWCA Civ 14 the Court of Appeal considered the law relating to when an application for relief from sanctions comes into play. The judgment gives clear guidance about the question of when…
COST BITES 131: TIME LIMIT FOR ASSESSMENT EXTENDED WHEN BENEFICIARY CHALLENGES COSTS: COURT OF APPEAL DECISION TODAY
I am grateful to barrister Alicia Tew for sending me a copy of the Court of Appeal decision today in Kenig v Thomson Snell & Passmore Llp [2023] EWHC 181 (SCCO). The Court considered the question of whether the costs judge…
THIRD CLAIM FORM CASE OF THE YEAR: FAILURE TO SERVE A SEALED CLAIM FORM, SERVING BY EMAIL WITHOUT THE DEFENDANTS’ CONSENT: IT ENDS UP BADLY FOR THE CLAIMANT
I am grateful to barrister Alicia Tew for sending me a copy of the judgment of HHJ Karen Walden-Smith in Harper -v- Bamber & Lewis (Cambridge County Court – copy of which is available here judgment in Bamber v Harper ). …
DAMAGES FOR PSYCHIATRIC INJURY AFTER SEEING A DEATH : SOME IMPORTANT POINTS CLARIFIED BY THE SUPREME COURT
The judgment of the Supreme Court in Paul & Anor v Royal Wolverhampton NHS Trust [2024] UKSC 1 will be the subject of detailed scrutiny by practitioners and academics for years to come. It is an action where the claimants…
MR BATES AND THE POST OFFICE 3: THE POST OFFICE’S APPLICATION THAT THE JUDGE RECUSE THEMSELVES BECAUSE HE WAS “BIASED” AGAINST THEM
The Post Office was so convinced of the righteousness of its case that it determined that any findings against it must be due to judicial bias. Having lost some applications before the trial judge it attempted to have the judge…
OPENING LINES OF JUDGMENTS 2023: DRAGONS, VENUS, BOMBS, WAR AND THE BEAUTY OF NIDDERDALE (TO NAME JUST A FEW)
It is now too close to Christmas to write the traditional material of this blog. However it is a good time to review some of the best opening lines of judgments for 2023. If you feel I have missed some…
A CLAIMANT, ALLEGING FRAUD, IS NOT ENTITLED TO DELIBERATELY BREACH A COURT ORDER AND THE RULES OF COURT: HIGH COURT JUDGMENT GIVES LITIGATORS MUCH TO THINK ABOUT
Those who draft pleadings, particularly those alleging fraud and misconduct, have much to learn from the judgment of Mr Justice Johnson in AXA Insurance UK PLC v Kryeziu & Ors [2023] EWHC 3233 (KB). The fact that a party is…
COST BITES 129: WHY EVERYONE HAS TO UNDERSTAND THE INDEMNITY PRINCIPLE IN COSTS
In The Commissioner of Police of the Metropolis v Idreess Malik [2023] EWHC 3213 (Admin) the Administrative Court sets out a key reminder of the central importance of the indemnity principle in relation to the recovery of legal costs. The…
“SPEAKING NOTES” RARELY WELCOME BY THE COURTS: THE “SPECIAL CIRCLE OF HELL” RESERVED FOR SOME ADVOCATES…
There is an observation made in the final paragraph of the Privy Council judgment in Chang v The Hospital Administrator & Ors (Trinidad and Tobago) [2023] UKPC 44 that relates to “speaking notes”. They were, it seems, not altogether welcome. …
WHEN A SKELETON ARGUMENT TRIES TO INTRODUCE EXPERT EVIDENCE: AN APPROACH DEPRECATED BY THE COURT
We have seen many examples of witness statements trying to give expert evidence on this blog. There have been posts about occasional attempts to deal with lacunas in evidence by introducing that evidence in written submissions. In Re C (‘parental…
A KNOTTY PROBLEM: CAN THE COURT STAY PROCEEDINGS AND ORDER THE PARTIES TO ENGAGE IN ADR? YES IT CAN … BUT…
In Churchill v Merthyr Tydfil County Borough Council [2023] EWCA Civ 1416 the Court of Appeal considered the question of whether the courts can stay an action to, effectively, compel the parties to engage in ADR. It was held that…
GRIFFITHS -v- TUI: SUPREME COURT FINDS FOR THE CLAIMANT: THE TRIAL WAS UNFAIR: POINTS SHOULD HAVE BEEN PUT TO THE EXPERT
In a judgment today TUI UK Ltd v Griffiths [2023] UKSC 48 the Supreme Court overturned the decision of the majority of the Court of Appeal. It is an important decision on procedural fairness. In particular the duty of a…
COST BITES 124 : EARLY VIEW AS TO VALUE OF A PERSONAL INJURY CASE WAS NOT UNREASONABLE: DEFENDANT’S APPEAL DISMISSED
I am grateful to solicitor John McQuater for sending me a copy of the judgment of HHJ Sadiq in Drury -v- Yorkshire Aggregates Limited (a decision made in January this year, but the transcript has only just become available). It…
RELIEF FROM SANCTIONS REFUSED WHEN THE COSTS BUDGET WAS SERVED LATE: BUDGETING AT TRIAL IS A FAIRLY HOPELESS TASK
There is much to learn from the decision of Mr Justice Ritchie in Tan v Idlbi & Anor [2023] EWHC 2840 (KB). The claimant was unsuccessful in an application for relief from sanctions following late service of the costs budget….
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