OMNIBUS CLAIM FORMS: COURT MANAGEMENT OF CASES AND “DISAGGREGATION”
A problem with “omnibus” claim forms and subsequent case management was considered in detail in the judgment of Mr Justice Garnham and Master Davison in Adams & Ors v Ministry of Defence [2024] EWHC 1966 (KB). The judgment considered the…
COURT REFUSES TO EXTEND TIME FOR SERVICE OF THE CLAIM FORM: CLAIMANTS COME TO GRIEF
In Playfair & Ors v Pannells LLP & Ors [2024] EWHC 1933 (Ch) Master Brightwell refused the claimants’ application for an extension of time for service of the claim form. The application was made before the time of expiry for…
PERSONAL INJURY: EXAGGERATED CLAIMS: CONTEMPT OF COURT: RUGBY, LIFTING WEIGHTS AND… SOCIAL MEDIA
In Wye Valley NHS Trust v Murphy [2024] EWHC 1912 (KB) Mr Justice Mould found the defendant in contempt of court for exaggerating the extent of his injuries when bringing a claim for damages for personal injury. An interesting aspect…
“WHAT I CANNOT DO IS HEAR AN APPEAL AGAINST A RECITAL”: WORDING OF ORDER MEANS SLIP RULE HAS TO BE APPLIED
It appears to be a well known fact that family lawyers love recitals. (Not the musical kind – but as the preamble to any and all court orders). This issue caused problems in MA v Roux [2024] EWHC 1917 (Fam)…
RELIEF FROM SANCTIONS REFUSED WHEN WITNESS EVIDENCE SERVED THREE WEEKS LATE: SOMETHING ABOUT THE DANGERS OF “CUT AND PASTE” SUBMISSIONS TOO…
In Seaton Management Ltd v Evans-Jones [2024] EWHC 1883 (Ch) ICC Judge Barber refused the respondent’s application for relief from sanctions when a witness statement was served three weeks late. “The matters addressed in the Respondent’s skeleton argument on…
TEACHER’S APPEAL WAS IN TIME AND IN THE RIGHT COURT: NO REQUIREMENT TO APPEAL TO THE ADMINISTRATIVE COURT
In Sutcliffe v Secretary of State for Education [2024] EWHC 1878 (Admin) Mr Justice Pepperall held that a teacher, exercising a statutory right of appeal to the High Court, had appealed in time when filing an appeal in the King’s…
COST BITES 172: CLAIMANT WHOSE CASE WAS STRUCK OUT HAD TO PAY THE DEFENDANT’S COSTS
In Khokan v Nirjhor (Re Costs) [2024] EWHC 1873 (KB) Mrs Justice Hill rejected an argument that a claimant, whose case had been struck out due to non compliance with a peremptory order, should then not be liable to pay…
COURT MADE PEREMPTORY ORDER THAT CLAIMANT PAY COSTS: ARTICLE 6 RIGHTS NOT INFRINGED
In Khokan v Nirjhor [2024] EWHC 1872 (KB) Mrs Justice Hill granted the defendant’s application for a peremptory order following the claimant’s failure to pay costs ordered against him at an interlocutory hearing. The judge refused the claimant’s application for…
DEFENDANT DID NOT ATTEND TRIAL: APPLICATION FOR REMOTE HEARING NOT ALLOWED: JUDGMENT ENTERED: DEFENDANT’S APPEAL UNSUCESSFUL
In Sobowale v Lendinvest Capital SARL [2024] EWHC 1829 (Ch) Nicola Rushton KC (sitting as a High Court Judge) dismissed a defendant’s appeal against judgment being entered against him when he failed to attend a trial. “There was no…
COST BITES 170: IF YOU MAKE AN APPLICATION, HAVE IT HEARD BUT WITHDRAW IT PRIOR TO JUDGMENT THEN YOU ARE PAYING ALL THE COSTS (ALTHOUGH NOT NECESSARILY ON THE INDEMNITY BASIS)
In Hill v Touchlight Genetics Ltd & Ors [2024] EWHC 1801 Mrs Justice Joanna Smith considered issues relating to costs where the claimant abandoned her application to amend after the hearing, but prior to judgment. The judge held that the…
RESPONDENT GRANTED RELIEF FROM SANCTIONS WHEN WITNESS EVIDENCE WAS SERVED LATE: TO SHUT IT OUT FROM PRESENTING ITS BEST EVIDENCE WOULD BE “WHOLLY UNJUST AND DISPROPORTIONATE”
In Tanfield & Anor v Meadowbrook Montessori Ltd [2024] EWHC 1759 (Ch) ICC Judge Barber allowed a respondent’s application for relief from sanctions when witness evidence was served late. The Denton test was considered and, although the respondent could not…
SERVICE OF THE CLAIM FORM: SETTING JUDGMENT ASIDE; JURISDICTION; DELAY AND DENTON – QUITE A LOT IN ONE CASE
There are a lot of issues in the judgment of Master Sullivan in Tradin Organic Agriculture BV v Gold Grain Gida Tarim Urunleri Sanayi Ve Ticaret Anonim Sirketi [2024] EWHC 1562 (KB). Firstly whether the mixing up of pages in…
“CIVIL LITIGATION IN THE MODERN ERA REQUIRES THE PARTIES TO BEHAVE REASONABLY”, PARTY PENALISED IN COSTS FOR NOT AGREEING TO AN EXTENSION OF TIME
In Invenia Technical Computing Corporation & Anor v Hudson [2024] EWHC 1481 (KB) Mr Justice Knowles held that a party that had refused a reasonable request for an extension of time should pay the costs of that application. “……
CLAIMANT REFUSED RELIEF FROM SANCTIONS IN SERVING NOTICE OF NON-ADMISSION OF AUTHENTICITY OF DOCUMENTS: THE APPLICATION WAS LATE, AND THE ARGUMENT WAS HOPELESS
In Invest Bank PSC v El-Husseini & Ors [2024] EWHC 1804 (Comm) Mr Justice Calver refused the claimant bank’s application for relief from sanctions when it served a notice of a notice to prove the authenticity of a document. The…
THE CLAIMANT HAD NOT SERVED THE CLAIM FORM PROPERLY: ORDER FOR SERVICE BY ALTERNATIVE MEANS WAS NOT EFFECTIVE WHEN THE DEFENDANT WAS RESIDENT ABROAD
In Broom v Aguilar [2024] EWHC 1764 (Ch) HHJ Paul Matthews (sitting as a High Court Judge) decided that a claim form had not been properly served when it was served at a time that the defendant was living abroad….
IMPORTANT THINGS TO THINK ABOUT WHILE THE SUPREME COURT JUDGMENT IN MENZIES -v- OAKWOOD IS PENDING
The Court of Appeal decision in Menzies v Oakwood Solicitors Ltd [2023] EWCA Civ 844 was appealed to the Supreme Court and was heard last week. The judgment is pending. In the interim period my colleague Matthew Smith suggests that claimant…
COST BITES 162: YOU CAN’T SEND SOMEONE TO PRISON FOR NOT PAYING YOUR COSTS – YOU REALLY CAN’T
In Smith v Kirkegaard [2024] EWCA Civ 698 the Court of Appeal found that it is not possible to imprison someone for contempt if they have failed to pay costs ordered during a court action. The judgment involves a look…
A MORE UNUSUAL “CLAIM FORM” ISSUE: CLAIMANT’S EARLIER UNSUCCESSFUL ATTEMPTS TO ISSUE WERE NOT EFFECTIVE AND ACTION WAS STATUTE BARRED: COURT OF APPEAL DECISION TODAY
In Guo v Kinder & Others [2024] EWCA Civ 762 the Court of Appeal rejected an argument that the claimant’s earlier, unsuccessful, attempts to issue a claim form meant that the later claim form could be backdated. The action was,…
SERVICE OF THE CLAIM FORM – ERRORS AND PROBLEMS 6: YOU’RE SUING THE WRONG PARTY: THE LAW OF AMENDMENT AND MISTAKE CONSIDERED
NB AN APPEAL WAS ALLOWED IN THIS CASE SEE Bellway Homes Ltd v The Occupiers of Samuel Garside House [2025] EWCA Civ 1347 This is the sixth time we have looked at the judgment in Occupiers of Samuel Garside House v…
IT IS NOT APPROPRIATE TO USE PART 11 WHEN CHALLENGING A TRADE UNION’S RIGHT TO BRING AN ACTION FOR DEFAMATION
In Prospect v Evans [2024] EWHC 1533 (KB) Mrs Justice Steyn held that a challenge to a trade union’s right to bring defamation proceedings should not have been made by using Part 11. Part 11 applications deal with jurisdiction. The…
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…
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…
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…
SERVICE OF THE CLAIM FORM ISSUES ONE: WHEN CAN YOU (AND WHEN MUST YOU) SERVE ON A NOMINATED SOLICITOR?
There has not been a case on (mis)service of the claim form on this blog for 14 days now. It may be an appropriate time to go back to one of the problem areas – service on a solicitor. There…
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…
UPDATE ON PREVIOUS POST: SUCCESSFUL DEFENDANT’S COSTS REDUCED BY 25% BECAUSE THEY REFUSED TO CONSIDER MEDIATION
Following the previous post about the judgment of HHJ Mithani KC in Conway v Conway & Anor (Rev1) [2024] EW Misc 19 (CC) there is an interesting post about the subsequent decision of costs. This is on Linked In by…
“AN UNWIELDLY COLLECTION OF COURT DOCUMENTS”: A JUDGMENT THAT ENDS THE “BUNDLE DROUGHT”
It has been six months since this blog featured a complaint about trial bundles. That barren period is ended by some observations of Costs Judge Leonard in Griffin v Kleyman & Co Solicitors Ltd *[2024] EWHC 1151 (SCCO). The bundle…
TRANSFER FROM PART 8 TO PART 7 REVISITED: IT CAN BE AN EXPENSIVE BUSINESS
There have been a lot of cases recently regarding the question of whether an action was properly issued using the Part 8 procedure. We looked at the case of ISG Retail Ltd v FK Construction Ltd [2024] EWHC 878 (TCC) in…
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…
THE REAL DANGER OF LAWYERS GETTING INVOLVED IN THE JOINT STATEMENT OF EXPERTS: IT IS WRONG AND IT IS COSTLY: A CASE THAT ILLUSTRATES THE POINT
In Glover & Anor v Fluid Structural Engineers & Technical Designers Ltd & Ors [2024] EWHC 1257 (TCC) Mr Simon Lofthouse K.C., sitting as a High Court Judge, considered the issues that arose when a party had tried to influence…
AVOIDING LIMITATION PROBLEMS AND THE (POSSIBLE) LIFELINE OF SECTION 33: WEBINAR 29th MAY 2024
Over the year this blog has recorded many cases of claimants (but not always claimants) coming to grief because of limitation issues. This webinar is designed to help practitioners avoid limitation problems, looking at major problem areas, common mistakes and…
COST BITES 151: DOES QOCS APPLY TO DETAILED ASSESSMENT? YES IT DOES – BUT THE DEFENDANT HAS PERMISSION TO APPEAL
In Challis v Bradpiece [2024] EWHC 1124 (SCCO) Deputy Costs Judge Roy KC considered of whether a claimant had QOCS protection in detailed assessment. He concluded that the claimant continued to have costs protection. He accepted that the point was…
AN ACTION THAT HAS BEEN “WAREHOUSED” WILL NORMALLY BE STRUCK OUT AS AN ABUSE OF PROCESS: COMPELLING REASONS TO THE CONTRARY ARE REQUIRED
In Watford Control Instruments Ltd v Brown [2024] EWHC 1125 (Ch) Mr Justice Richards struck out the claimants action on the grounds that it had “warehoused” the action for several years and this amounted to an abuse of process. Such…
ARGUING ABOUT THE SIZE OF THE BILL: ANOTHER ROUND IN THE DISCLOSURE OF AGENCY COSTS AND MEDICAL FEES WAR: CLAIMANT ORDERED TO COMPLY WITH PART 18 REQUESTS FOR A BREAKDOWN OF THE INVOICE
I am grateful to Ben Millns from Kennedys for sending me a copy of the decision in Parsons -v- Stevens, a copy of which is available here. Deputy District Judge Fentem decided that it was appropriate to make an order…
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…
COST BITES 150: WAS THIS A COMPLIANT STATUTE BILL (NO IT WASN’T): PERSONAL INJURY LAWYERS BEWARE
In Hensley v Morris Law Ltd [2024] EWHC 1101 (SCCO) Costs Judge Rowley held that a bill provided by a claimant’s solicitor to their client was not a compliant bill. It is a judgment that emphasises the importance of the…
COSTS – WHEN YOU SOMETIMES THINK THE WORLD HAS GONE MAD: SPEND £28,535 TO CHALLENGE AN ATE PREMIUM OF £392…
In Bendriss v Nicholson Jones Sutton Solicitors Ltd [2024] EWHC 1100 (SCCO) Costs Judge Rowley dismissed a claimant’s application for specific disclosure. One notable aspect of the application was that the claimant had spent £28,535 in respect of this one application in…
DEFENDANT’S APPLICATION FOR RELIEF FROM SANCTIONS REFUSED: AN APPLICATION TO DISPUTE JURISDICTION SHOULD BE DONE PROMPTLY
In Ibrahim v AXA Belgium [2024] EWHC 856 (KB) Master Fontaine refused the defendant’s application for an extension of time to dispute the jurisdiction. The defendant should have applied within 14 days of acknowledging service, it took 30. The defendant’s…
“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…
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…
ANOTHER PART 8 CASE THAT HAS TO GO TO PART 7: THE RISK THAT THE COURT WILL MAKE “ILL-INFORMED DECISIONS THAT WILL NOT FINALLY DISPOSE OF THE DISPUTES BETWEEN THE PARTIES”
In TClarke Contracting Ltd v Bell Build Ltd [2024] EWHC 992 (TCC) Mr Justice Pepperall decided that an action, commenced under Part 8, must proceed under Part 7. “In my judgment, the proposed use of the Part 8 procedure in…
WHEN THINGS GO WRONG IN LITIGATION: SOME KEY POINTS AND SOME USEFUL LINKS
Earlier today I gave a webinar on “What to do when things go wrong in litigation”, this was immediately before I went to court to argue a case which, among other things, related to extensions of time to serve the…
MANCHESTER IS NOT THE APPROPRIATE VENUE FOR SOMETHING THAT HAPPENED IN NORFOLK: THE CASE GOES SOUTH…
In Bartosik, R (On the Application Of) v Office of the Police & Crime Commissioner for Norfolk [2024] EWHC 932 (Admin) Mr Justice Fordham held that the Administrative Court in Manchester is not the appropriate venue for a dispute over…
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…
DEFENCE AND COUNTERCLAIM STRUCK OUT BECAUSE THE DEFENDANT RELIED ON WITHOUT PREJUDICE COMMUNICATIONS
In West v Churchill & Anor [2024] EWHC 940 (Ch) HHJ Keyser KC (sitting as a High Court Judge) struck out a defence and counterclaim that referred to without prejudice negotiations and correspondence. There had been no agreement reached between…
LAWYERS MUST LIKE LIVING DANGEROUSLY: APPLICATION MADE THREE MINUTES BEFORE DEADLINE: THE CLAIMANT SCRAPES HOME…
In Lloyds Developments Ltd v Accor HotelServices UK Ltd [2024] EWHC 941 (TCC) Mrs Justice Jefford considered a claimant’s application for an extension of time to comply with a peremptory order which was made 3 minutes prior to the time…
WHAT TO DO WHEN THINGS GO WRONG IN LITIGATION: WEBINAR 30th APRIL 2024
This blog often looks at cases where litigation has gone wrong, be it limitation, service or someone falling foul of the rules or court orders. One of the saddest aspects of many of these cases is that if prompt and…
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…
TRYING TO SQUEEZE A PART 7 CASE INTO A PART 8 APPLICATION: DISPUTES OF FACT MAKE PART 8 UNSUITABLE
In ISG Retail Ltd v FK Construction Ltd [2024] EWHC 878 (TCC) Neil Moody KC, sitting as a Deputy High Court Judge, considered the question of whether a case was suitable for Part 8 determination. He decided that there were…
You must be logged in to post a comment.