LEADING COUNSEL MAY HAVE BEEN IN CONTEMPT OF COURT: “LAWYERS INVOLVED IN CASES OF THIS KIND HAVE A PROFESSIONAL RESPONSIBILITY TO INFORM THEMSELVES ABOUT THE RULES AND ABIDE BY THEM”
There has been a number of judgments recently concerning the disclosure of embargoed judgments. The Court of Appeal decision in Griffiths v Tickle & Ors (Re Disclosure by Counsel for Appellant and Application by First Respondent) [2022] EWCA Civ 465…
IF YOU WANT HOURLY RATES HIGHER THAN THE GUIDELINE FIGURES YOU HAVE TO PROVIDE “A CLEAR AND COMPELLING JUSTIFICATION”: COURT OF APPEAL DECISION TODAY
In Samsung Electronics Co. Ltd & Ors v LG Display Co. Ltd & Anor (Costs) [2022] EWCA Civ 466 the Court of Appeal sent out a clear message that if a party wants hourly rates outside the guideline rates then…
COURT OF APPEAL UPHOLDS DECISION SETTING ASIDE AN EXTENSION OF TIME FOR SERVICE OF THE CLAIM FORM: CASE ON HEAD OF ALEXANDER THE GREAT GOES BUST
In Qatar Investment and Project Development Holding Company & Anor v Phoenix Ancient Art SA (Rev1) [2022] EWCA Civ 422 the Court of Appeal upheld a decision setting aside an order granting an extension of time for service of the…
COURT OF APPEAL UPHOLDS AN ORDER THAT NO COSTS BE ORDERED ON AN APPEAL
In South Lodge Flats Limited v Malik [2022] EWCA Civ 411 the Court of Appeal upheld a decision that no order for costs be made on an appeal. The defendants had succeeded in the appeal but required the indulgence of…
COURT OF APPEAL DISMISSES APPEAL WHEN CLAIM FORM SERVED ONE DAY LATE: “RELIANCE ON NON-COMPLIANT SERVICE IS NOT ONE OF THE INSTANCES OF OPPORTUNISM DEPRECATED BY THE COURTS”
In The Good Law Project, R (On the Application Of) v The Secretary of State for Health And Social Care [2022] EWCA Civ 35 the Court of Appeal dismissed the claimant’s appeal against a a decision not granting any relief…
PROVING THINGS 227: FAILURE TO PROVE A DEBT CLAIM: “THE PROOF REQUIRED TO DEMONSTRATE THAT THE CLAIMANT IS ENTITLED TO THE SUMS WHICH IT CLAIMS IS SADLY LACKING”
The judgment of Mr Justice Turner in Emery Planning Partnership Ltd v Bevan [2022] EWHC 494 (QB) illustrates a failure by a claimant to prove a debt claim. It is (yet another) object lesson that facts and evidence are needed…
ANOTHER CASE OF A JUDGMENT EMBARGO BEING BREACHED: ALL RECIPIENTS NEED TO UNDERSTAND THE IMPORTANCE AND BREADTH OF THE EMBARGO ON DRAFT JUDGMENTS
In The Public Institution for Social Security v Banque Pictet & Cie SA & Ors [2022] EWCA Civ 368 the Court of Appeal considered yet another case of breach of an embargoed judgment. There was clearly a breach (somewhere) which…
SOLICITORS, AIRLINES AND LIENS: SUPREME COURT DECISION
In Bott & Co Solicitors Ltd v Ryanair DAC [2022] UKSC 8 the Supreme Court allowed an appeal from the Court of Appeal. The Court of Appeal had held that the solicitors were not providing a litigation service in the…
WHY YOU SHOULDN’T BANK ON SUMMARY JUDGMENT: THE COURT SHOULD NOT CONDUCT A “MINI TRIAL” ON SUMMARY JUDGMENT APPLICATIONS
In Philipp v Barclays Bank UK Plc [2022] EWCA Civ 318 the Court of Appeal allowed an appeal against an order giving the defendant summary judgment in favour of the defendant bank. The court emphasised that summary judgment applications should…
SOLICITOR CANNOT TAKE OVER CLIENT’S CAUSE OF ACTION: COURT OF APPEAL CONSIDERS ISSUES RELATING TO CHAMPERTY
In Farrar & Anor v Miller [2022] EWCA Civ 295 the Court of Appeal upheld a decision that a firm of solicitors could not continue an action that had been assigned to them by their client. “a champertous agreement…
COURT OF APPEAL REFUSES RELIEF FROM SANCTIONS: “LIBERTY TO APPLY” DOES NOT GIVE A GENERAL RIGHT OF REVIEW
In Helios Oryx Ltd v Trustco Group Holdings Ltd [2022] EWCA Civ 236 the Court of Appeal dismissed an appellant’s application for relief from sanctions where there had been a failure to comply with a peremptory order given as a…
A PART 36 OFFER SHOULD NOT BE DISCLOSED AT AN INTERLOCUTORY STAGE: DEFENDANT LOOKING FOR STRAWS IN THE WIND
In FKJ v RVT & Ors [2022] EWHC 411 (QB) Mrs Justice Collins Rice upheld a decision that a claimant’s Part 36 offer could not be used in interlocutory proceedings. This is a decision on its own facts and the…
IMPOSING A COSTS CAP CANNOT BE A MEANS OF STIFLING LITIGATION OR ACHIEVING OTHER ENDS BY THE BACK DOOR: DEFENDANT’S APPLICATION FOR PERMISSION TO APPEAL REFUSED
There are rules governing the citation of judgments refusing permission to appeal. However the judgment of Lord Justice Coulson in PGI Group Ltd v Thomas & Ors (Application for Permission to Appeal) [2022] EWCA Civ 233 has been put on BAILII…
COURT OF APPEAL UPHOLDS REFUSAL TO ALLOW DEFENDANTS TO WITHDRAW FROM ADMISSIONS: “THE STATEMENT OF TRUTH IS NO EMPTY FORMALITY”
In Clarkson v Future Resources FZE & Ors [2022] EWCA Civ 230 the Court of Appeal upheld a judge’s decision not to allow the defendants permission to withdraw an admission. It is an important reminder of the quality of the…
PLEADINGS, APPEALS AND THE DROP OF A HAMMER: A HIGH COURT DECISION
In SPS Groundworks & Building Ltd v Mahil [2022] EWHC 371 (QB) Mr Justice Cotter reiterated the point that statements of case are important. Any issue as to the scope of the pleadings should be determined at the outset of…
COURT OF APPEAL ALLOWED APPEAL BECAUSE OF PROCEDURAL UNFAIRNESS: INADEQUATE WITNESS STATEMENTS SHOULD NOT BE SUPPLEMENTED BY ADDITIONAL QUESTIONING: THE RIGHT TO CROSS-EXAMINE IS FUNDAMENTAL TO A FAIR HEARING
In Rea & Ors v Rea [2022] EWCA Civ 195 the Court of Appeal (hearing a 2nd tier appeal) overturned a decision of the trial judge and ordered a re-trial when the appellants had not been given an opportunity to…
ASSESSMENTS UNDER THE SOLICITORS ACT: INTERIM BILLS, VALID BILLS AND “SPECIAL CIRCUMSTANCES”: A DECISION ON APPEAL
The decision of HHJ Gosnell (sitting as a High Court Judge) in Richard Slade And Company Plc v Erlam [2022] EWHC 325 (QB) relates to the assessment of solicitor and own client bills. However the appeal also gave rise to…
WHEN AN APPELLANT FAILS TO ATTEND THEIR APPEAL IN THE COURT OF APPEAL: “PARTIES CANNOT SIMPLY FAIL TO SHOW UP FOR A HEARING…”
In Leave.EU Group Ltd & Anor v The Information Commissioner [2022] EWCA Civ 109 the Court of Appeal considered the appropriate step when an appellant failed to attend an appeal. The Master of the Rolls held that the Court had…
HIGH COURT JUDGE OVERTURNS FINDINGS OF FUNDAMENTAL DISHONESTY AT TRIAL: “ALL CITIZENS ARE EQUALLY ENTITLED TO COME BEFORE THE COURTS IN CIVIL CLAIMS”
In Cojanu v Essex Partnership University NHS Trust [2022] EWHC 197 (QB) Mr Justice Ritchie overturned a trial judge’s findings of fundamental dishonesty. The fact that a claimant had lied about the cause of his injuries did not impact upon…
THE SUPREME COURT CONSIDERS THE CONSTRUCTION OF STATUTES AND PRE-LEGISLATIVE MATERIAL
In O (a minor), R (on the application of v Secretary of State for the Home Department [2022] UKSC 3 the Supreme Court considered the issue of statutory interpretation and the use of external material, in particular official material. There…
COURT OF APPEAL ISSUE WARNING AGAINST EXCESSIVE COSTS (INCLUDING THE COSTS OF APPEALS)
In The Public Institution for Social Security v Banque Pictet & Cie SA & Ors [2022] EWCA Civ 29 the Court of Appeal were concerned about the costs involved in litigation on what were, essentially, preliminary issues. This included the…
THE PROFOUND DIFFICULTIES IN REHEARING AN APPLICATION WHERE PERMISSION TO APPEAL WAS REFUSED: AN “EXCEPTIONAL JURISDICTION”: NUMEROUS BITES OF THE CHERRY NOT EASILY ALLOWED
In Dal v Bicknell & Anor [2022] EWHC 120 (Ch) Mr Justice Edwin Johnson considered the circumstances in which a party, refused permission to appeal, could seek to re-open the decision to refuse permission. The cases in which that can…
APPLICATIONS TO AMEND: TOWER BLOCKS, FIRE SAFETY AND “FACTS” PLEADED IN THE DEFENCE: COURT OF APPEAL DECISION
In Mulalley & Co. Ltd v Martlet Homes Ltd [2022] EWCA Civ 32 the Court of Appeal upheld a decision that a claimant, seeking to amend its Particulars of Claim by referring to matters pleaded in the defence, was pleading…
YOU CAN’T RAISE A TOTALLY NEW POINT ON APPEAL: COURT OF APPEAL DOES NOT ALLOW A MAJOR CHANGE OF CASE
In London Borough of Brent v Johnson [2022] EWCA Civ 28 the Court of Appeal set out the difficulties for a party that wishes to take a fundamentally new or different point on appeal. This gives rise to major difficulties…
THE GOOD LAW PROJECT JUDGMENT TODAY – TWO PROCEDURAL ISSUES: RELIEF FROM SANCTIONS & THE COURT’S APPROACH TO UNCHALLENGED WITNESS EVIDENCE
The Court of Appeal judgment today in The Good Law Project, R (On the Application Of) v Minister for the Cabinet Office [2022] EWCA Civ will, no doubt, be subject to much legal, and political, scrutiny. Here I want to…
SERVICE WITHOUT A SMILE: CLAIMANTS COME TO GRIEF IN THE COURT OF APPEAL: SENDING AN UNSEALED CLAIM FORM IS NOT GOOD SERVICE, THE CLAIMANTS COULD NOT RELY ON CPR 3.10
The first (but probably not the last) case on service of the claim form arrives in January, with the Court of Appeal decision in Ideal Shopping Direct Ltd & Ors v Mastercard Incorporated & Ors [2022] EWCA Civ 14. It…
REVIEW OF 2021 (2): CIVIL LITIGATION CASE OF THE YEAR: MOTHER AND CHILD DO NOT BECOME HOMELESS AFTER SUCCESSFUL APPEAL
In Williams v Nilsson & Anor [2021] EWHC 3184 (Ch) HHJ Richard Williams (sitting as a High Court judge) allowed an appeal in a case relating to ownership of property. There is plenty about procedure and evidence in this case,…
SOLICITOR AND OWN COSTS ASSESSMENT: HIGH COURT UPHOLDS DECISION THAT CLIENT NOT LIABLE TO PAY ADDITIONAL COUNSEL’S FEES: SOLICITOR TERMINATED THE RETAINER AND COULD NOT RECOVER COSTS
I wrote about the first instance decision in Murray v Richard Slade And Co Ltd [2021] EWHC 3383 (QB), in two posts in January this year, the first is here, the second here. The claimant in that case (the solicitor…
IS A CONDITIONAL FEE AGREEMENT UNENFORCEABLE IF THE SOLICITOR BREACHES THE CODE OF CONDUCT? MUCH TO THINK ABOUT?
The judgment of Mr Justice Trower in Winros Partnership v Global Energy Horizons Corporation [2021] EWHC 3410 (Ch) gives much for lawyers to think about. Here I want to concentrate on one element of that judgment- does a failure to…
ROUTE OF APPEAL FROM COMMITTAL DECISIONS IN THE DIVISIONAL COURT: GO TO THE SUPREME COURT DIRECTLY
The observations at the end of the Divisional Court judgment in National Highways Ltd v Buse & Ors [2021] EWHC 3404 (QB) are of some interest. The Court held that the appropriate route to appeal committal decisions made in the…
THE SOLICITORS DISCIPLINARY TRIBUNAL CAN AWARD COSTS ON THE INDEMNITY BASIS: APPEAL ON THIS ISSUE COMPROMISED
In October 2020 I wrote about the case of SRA -v- Ahmud where the Solicitors Disciplinary Tribunal were highly critical of the steps taken by the SRA in investigating and bringing a claim alleging dishonesty. That case has a short coda in…
A DEFENDANT CAN RARELY (IF EVER) COMPEL A CLAIMANT TO JOIN OTHER DEFENDANTS TO AN ACTION: COURT OF APPEAL EXTRACTS CLAIMANT FROM A DIFFICULT SITUATION
In Pawley v Whitecross Dental Care Ltd & Anor [2021] EWCA Civ 1827 the Court of Appeal overturned an order that allowed a defendant to add additional defendants to a claim. Making such an order exposed the claimant to the…
SKELETON ARGUMENTS: NOT TOO LONG, NOT TOO SHORT: MISSIVE FROM THE HIGH COURT: THE IMPORTANCE OF GETTING THEM “JUST RIGHT”
In Overd & Ors v The Chief Constable of Avon And Somerset Constabulary [2021] EWHC 3100 (QB) Mr Justice Linden reminded advocates of the guidance relating to skeleton arguments. One was too long, the other too short. THE…
TRIALS ON PRELIMINARY ISSUES, CALDERBANK OFFERS AND COSTS: COURT OF APPEAL REJECT SUBMISSION THAT “WOULD REPRESENT THE ANTITHESIS OF GOOD POLICY” & “REWARD BAD BEHAVIOUR”
In the judgment in McKeown v Langer [2021] EWCA Civ 1792 the Court of Appeal rejected an argument that a Calderbank offer had the same effect as a Part 36 offer when a court was considering the issue of costs…
SETTING ASIDE A JUDGMENT OBTAINED BY FRAUD: “MAINTAINING THE LIE ALL THE WAY TO THE COURT OF APPEAL”
The Court of Appeal judgment in Park v CNH Industrial Capital Europe Ltd (t/a CNH Capital) [2021] EWCA Civ 1766 contains an important discussion of the circumstances in which it is possible to bring a second action to set aside…
COURT OF APPEAL OVERTURNS DECISION THAT THERE SHOULD BE NO ORDER FOR COSTS: COMMITTAL APPLICATIONS ARE NOT SUBJECT TO ANY SPECIAL RULES
In Loveridge & Anor v Loveridge [2021] EWCA Civ 1697 the Court of Appeal overturned a decision that should be no order for costs following the withdrawal of committal proceedings. The Court also allowed costs on the indemnity basis from…
MODERN SLAVERY AND THE LIABILITY OF AN INSURER: COURT REJECTS ARGUMENT THAT INSURERS ARE LIABLE TO INDEMNIFY “EMPLOYERS” IN MODERN SLAVERY CASE
In the decision today in Komives & Anor v Hick Lane Bedding Ltd & Anor [2021] EWHC 3139 (QB) Mrs Justice May refused the claimants’ appeal on the issue of whether an insurer was entitled to avoid an employer’s liability…
DENTON PRINCIPLES CONSIDERED IN APPLICATION TO APPEAL OUT OF TIME : PERMISSION GRANTED
In Kumar v Secretary of State for Business, Energy and Industrial Strategy & Anor [2021] EWHC 2965 (Ch) ICC Judge Barber considered the Denton principles in an application for permission to appeal out of time. The appellant’s application was granted….
COURT OF APPEAL GUIDANCE ON REDACTION OF DOCUMENTS: OBJECTIONS SHOULD BE MADE WELL AHEAD OF TRIAL
In Promontoria (Oak) Ltd v Emanuel & Ors [2021] EWCA Civ 1682 the Court of Appeal set out some guidance in relation to the approach of the courts when documents are redacted. In particular issues relating to redaction should not…
THE COURT OF APPEAL AND FAILURE TO PAY THE TRIAL FEE: RELIEF FROM SANCTIONS GRANTED EVEN THOUGH NO FORMAL APPLICATION WAS BEFORE THE COURT
In the judgment in Boodia v Yatsyna [2021] EWCA Civ 1705 the Court of Appeal allowed a decision that a Circuit Judge had made with a heavy heart. The judgment reviews the cases in relation to non-payment, or late payment,…
THE INTOXICATED PASSENGER AND ESTABLISHING CONTRIBUTORY NEGLIGENCE: COURT OF APPEAL DECISION
In Campbell v Advantage Insurance Company Ltd [2021] EWCA Civ 1698 the Court of Appeal upheld a finding that a claimant could be contributory negligent even when drunk. However it is important that the facts of this case are looked…
SOLICITOR SHOULD NOT HAVE BEEN COMPELLED TO ATTEND COURT TO GIVE EVIDENCE IN A WASTED COSTS APPLICATION
In Hunt v Annolight Ltd & Ors [2021] EWCA Civ 1663 the Court of Appeal overturned a decision that a solicitor should be compelled to attend court to give evidence in a wasted costs application. “Any requirement for a solicitor…
EXCEPTIONS TO THE FIXED COSTS REGIME: DEFENDANT’S APPEAL DISALLOWED: JUDGE ENTITLED TO FIND THAT EXCEPTIONAL CIRCUMSTANCES APPLIED
A case, newly arrived on BAILII today relates to whether a District Judge was correct to award costs outside the fixed costs regime. In Lloyd 2 Sisters Poultry Ltd (Costs) [2019] EW Misc 18 HHJ Howells refused a defendant’s appeal…
COURT OF APPEAL UPHOLDS DECISION NOT TO EXTEND TIME FOR COMPLIANCE WITH COURT ORDER: 28,000 CLAIMS BITE THE DUST
In the decision today in Jalla & Anor v Shell International Trading And Shipping Co. Ltd & Anor (Appeal 3: Refusal to Extend Time)[2021] EWCA Civ 1559 the Court of Appeal upheld a decision not to grant extensions of time…
INTERPRETERS, REMOTE HEARINGS AND A FAIR TRIAL: HIGH COURT APPEAL DECISION
In Gholizadeh v Sarfraz [2021] EWHC 2814 (Ch) Mr Justice Miles considered the issue of fairness when witnesses, giving evidence remotely, did not use a translator. We have a situation where the defendant’s representatives stated, openly, prior to trial that…
APPEAL WAS OUT OF TIME DUE TO FAILURE TO USE EFILING: A POINT TO WATCH
The judgment of Eason Rajah QC (sitting as a Judge of the Chancery Division)in Walker v The Official Receiver [2021] EWHC 2868 (Ch) highlights a problem with appeals in the Chancery Division. The appellant had problems because an appeal was to…
IN THE RUN UP TO HALLOWEEN: MISSIVES FROM THE BENCH: “THAT ONE’S HALF BLIND AND HALF DEAF. I CALL HIM THE COURT OF APPEAL”
In the run up to Halloween I thought I would repeat some of the “scary” posts on this blog. Here we look at a post from November 2018, a collection of Twitter comments about judicial interventions. “DJ Tynas at Macclesfield…
WHEN AT COURT MAKE SURE YOU CAN ALWAYS BE FOUND: PROMPTNESS, SETTING ASIDE AND CPR 39.3(5)
In Altaf & Ors v Close Brothers Ltd [2021] EWHC 2823 (QB) Mr Justice Fordham considered an application made by a defendant who left the court before the trial started. It highlights the importance of every litigant, once they arrive…
WHEN CAN A COURT TAKE ADDITIONAL LIABILITIES UNDER A CFA INTO ACCOUNT IN THE AWARD OF DAMAGES?
Another aspect of the Court of Appeal judgment in Hirachand v Hirachand & Anor [2021] EWCA Civ 1498 was the Court of Appeal’s consideration of whether it was appropriate for the judge to take into account liabilities for costs under a…
WHY THE CIVIL PROCEDURE RULES COMMITTEE IS MORE APPROPRIATE THAN THE SUPREME COURT (FROM THE SUPREME COURT)
There is one passage in the Supreme Court judgment in Ho -v- Adelkun [2021] UKSC 43 that makes for interesting reading. The Supreme Court made it quite clear that, in procedural issues, the Civil Procedure Rules Committee is often a more…
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