RELIEF FROM SANCTIONS REFUSED WHEN DEFENDANT FILES AN INADEQUATE PLEADING
The Denton principles were considered in an unusual context by Mr Justice Julian Knowles in Oliver v Shaikh [2019] EWHC 3389 (QB). THE CASE The claimant is a Circuit Judge. He brought an action for harassment against the defendant….
CIVIL PROCEDURE BACK TO BASICS 73: THE AUTOMATIC STAY
CPR 15,11(2) provides for an automatic stay if nothing happens in an action for six months after service. This is a rule that can be overlooked. THE RULE CPR rule 15.11. Sub-paragraph (1) of that rule provides that: “Where…
WHY FAILING IN A SUMMARY JUDGMENT APPLICATION CAN BE EXPENSIVE: (£1,015,722 – EXPENSIVE)
In BTI 2014 LLC v Pricewaterhousecoopers LLP & Anor [2019] EWHC 3219 (Ch) Mr Justice Fancourt considered the appropriate order for costs when a defendant failed in an application for summary judgment. The defendants were ordered to pay the costs…
NO SECOND BITE OF A CHERRY AFTER A TRIAL: COURT OF APPEAL CONFIRMS JUDGE’S DECISION
In L’Oreal (UK) Ltd & Anor v Liqwd Inc & Anor [2019] EWCA Civ 1943 the Court of Appeal confirmed the trial judge’s decision not to admit new evidence that a defendant attempted to introduce after judgment was handed down….
SOLICITORS GIVING EVIDENCE: IT JUST DOESN’T HELP: IS THIS EVIDENCE THAT THE WITNESS WOULD BE ALLOWED TO GIVE ORALLY?
The danger of witness statements from solicitors purporting to give evidence as to fact has been emphasised many times in the cases reported on the blog. The danger can be seen again in the judgment of Ms Pat Treacy (sitting…
A CRI DE COEUR FOR MORE MONEY WON’T GET YOU AN INTERIM PAYMENT ON ACCOUNT OF COSTS: MASTER EMPHASISES THE NEED FOR HARD EVIDENCE
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-…
THE BACK TO BASICS SERIES: A RUNNING ACCOUNT: READ THEM ALL HERE
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…
CIVIL PROCEDURE BACK TO BASICS 67: EXPERTS ASKING THE COURT FOR DIRECTIONS: THIS CAN REALLY CUT THE MUSTARD…
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…
DISTRICT JUDGE SHOULD NOT HAVE “PARTIALLY” RECUSED THEMSELVES: THINGS THAT SHOULD NEVER HAVE BEEN IN A WITNESS STATEMENT: A VERY INTERESTING ASSESSMENT OF COSTS…
I am grateful to Simon Fisher from DWF for providing me a copy of the judgment in Akers -v- Kirlkland [2019] EWHC 2176 (QB) Mr Justice Waksman discussed, in detail, the circumstances in which a judge should recuse themselves and…
REALISTIC TIME ESTIMATES: THE IMPORTANCE OF GETTING THIS RIGHT
There is a short passage in Barrowfen Properties Ltd v Hambros Investments Ltd & Anor [2019] EWHC 2548 (Ch) where Chief Insolvency and Companies Court Judge Briggs makes it clear that an application had been given an inadequate time estimate….
LAWYERS GIVING EVIDENCE 4: SOME COURTS MAY TAKE INTO ACCOUNT A CLIENT’S FAILURE TO GIVE FIRST HAND EVIDENCE
This series looks at the question of when, if ever, it is appropriate for a solicitor to swear an affidavit or make a statement in place of the client? This issue was considered by Stanley Burnton J in Bracken Partners…
STOP ARGUING WITH THE JUDGE AFTER JUDGMENT IS GIVEN: POST-JUDGMENT SUBMISSIONS LEADS TO CASE GOING OFF THE RAILS
The judgment today in AR & ML [2019] EWFC 56 is of considerable importance to all those who seek to “re-argue” a case after judgment rather than appeal. Mostyn J attempts to put an end to what he identified as…
SERVE YOUR EVIDENCE IN RESPONSE VERY LATE IN THE DAY – WHAT IS THE COURT GOING TO THINK?
In Gregory & Anor v Moore & Ors [2019] EWHC 2430 (Ch) Chief Master Marsh commented upon evidence served in response, but very late in the day. In the absence of an explanation in relation to late service the Master…
WHEN A JUDGE MAKES A WRONG DECISION BECAUSE RELEVANT PAPERS (WHICH HAVE BEEN SENT TO COURT IN GOOD TIME) HAVE NOT REACHED THEM
The decision in Singh v The Secretary of State for the Home Department [2019] EWCA Civ 1504 related to a case where a decision was made when the judge was not given relevant papers that had arrived at court. “In…
AN ABSOLUTE CAR CRASH OF AN APPEAL: KNOW WHAT DOCUMENTS WERE BEFORE THE THE JUDGE – A BASIC ISSUE FOR ALL WOULD BE APPELLANTS
Appeals are always difficult. The appellate court has to be persuaded that the first-instance judge was “wrong”, and this is a fairly rigorous test. It is made far more difficult if the appellate court is given the wrong documents. Particularly…
SETTING ASIDE JUDGMENT IN DEFAULT: DEFENDANT’S SOLICITOR FAILED TO NOTICE THAT PARTICULARS OF CLAIM HAD BEEN SERVED WITH THE CLAIM FORM
The judgment of HH Judge Hodge QC (sitting as a HIgh Court Judge) in Praetura Asset Finance Ltd v Hood [2019] EWHC 2231 (Comm) shows how important it is to check what has been served. The one, overwhelming, lesson for…
CIVIL PROCEDURE BACK TO BASICS 60: INTERIM ORDERS ON ACCOUNT OF COSTS: “CASH FLOW IS THE LIFEBLOOD OF BUSINESS”
Here we look at the rules relating to interim orders on account of costs, a subject of considerable importance in relation to practitioner’s cash flow and client’s pockets. CPR 44.2(8) “(8) Where the court orders a party to pay costs…
TRIAL JUDGE SHOULD HAVE WAITED FOR PARTIES TO ARRIVE AT COURT: APPEAL AGAINST ORDER UNDER CPR 39.3 ALLOWED
In Akita & Anor v Governor and Company of the Bank of Ireland [2019] EWHC 1712 (QB) Mr Justice Martin Spencer held that a trial judge, knowing that parties were on the way to court, should have waited longer before…
WHY IT IS IMPORTANT LITIGATORS KNOW HOW TO COMPUTE TIME PROPERLY: 7 DAYS MEANS 7 DAYS: APPLICATION TWO DAYS LATE: CLAIMANT COMES TO GRIEF
In Evans v Pinsent Masons LLP [2019] EWHC 2150 (QB) Mr Justice Martin Spencer overturned a decision granting relief from sanctions. A major issue arose out of confusion by the claimant’s solicitors over the calculation of the time period. This…
PART 8 PROCEDURE USED FOR CLAIM FOR £2.6 MILLION: THE CLAIMANT COMES TO GRIEF – IS ANYONE SURPRISED?
A common practice has occurred of issuing Part 8 proceedings under the MOJ Protocol and “parking” cases there for an extended period. This is an extremely dangerous practice. It is even more dangerous if the case that has been parked…
