APPLICATION TO WITHDRAW ADMISSION REFUSED: SUMMARY JUDGMENT GRANTED
NB – THE JUDGE’S DECISION NOT TO ALLOW THE FIRST DEFENDANT TO WITHDRAW FROM THE ADMISSION WAS SUBSEQUENTLY OVERTURNED ON APPEAL. See the post here. The judgment yesterday in Wood -v- Days Health UK Ltd & Others [2016] WHC 1079…
THE MEDICAL EVIDENCE IN SUPPORT OF AN APPLICATION TO ADJOURN CANNOT BE IGNORED
A post last week noted the decision of the Court of Appeal in TBO Investments Ltd -v- Mohun Smith EWCA Civ 403 where the court stated that an application under CPR 39.3 should have been allowed when a defendant failed…
RULES EXIST TO ASSIST RESOLUTION OF ISSUES AND NOT TO THROW UP TECHNICAL OBSTACLES
In Williams -v- Devon County Council [2016] EWCA Civ 419 the Court of Appeal upheld a decision by a judge to allow substitution of a named individual in place of a group. “These rules exist to enable the court to…
STATEMENT THAT THE APPELLANTS WERE CROOKS DID NOT GIVE RISE TO GROUNDS FOR RE-OPENING AN APPEAL
In the judgment given today in Goldtrail Travel Limited -v- Aydin [2016] EWCA Civ 439 the Court of Appeal rejected an application under CPR 52.17 to re-open an appeal on the grounds of bias. THE CASE The Court of Appeal…
WHEN A PARTY FAILS TO PAY INTERLOCUTORY COSTS: MAKE A PEREMPTORY ORDER
In Peak Hotels -v- Tarek Investments Ltd [2016] EWHC 690 (Ch) Mrs Justice Asplin considered the appropriate approach when a party has failed to pay an interlocutory costs order. There is a succinct summary of the relevant case law. “If…
APPLICATIONS ARE EXPENSIVE: NINE POINTS FROM AUSTRALIA TO REDUCE COSTS
Given the recent increase in court fees in relation to applications it is prudent for everyone involved to look for a means to avoid the need for applications, or reduce their client’s exposure to costs. Similar problems are faced throughout…
DISCLOSURE OF DEFENDANT'S SOLVENCY: ADVERSE ASSUMPTIONS CAN BE MADE IN THE ABSENCE OF EVIDENCE
The case of Sarpd Oil International Limited -v- Addax Energy SA [2016] EWCA Civ 120 related to the practice of awarding security for costs by an overseas company which did not have to file accounts. The case raises other points…
REFUSAL TO REALLOCATE: DISTRICT JUDGES WILL NOT ACT AS THE "COURT OF APPEAL" IN ALLOCATION DECISIONS
In Williams -v- Santander UK PLC [2015] EW Misc B37(CC) District Judge Stamenkovich considered an application to re-allocate a case from the small claims track. “I can see no reason to sit as a Court of Appeal from my fellow…
COMMITTAL APPLICATION REFUSED BECAUSE OF LONGSTANDING DEFECTS IN COURT FORM
In Re: Dad Application to commit Muhammad Nawaz Chaudry to prison [2015] EWHC 2655 (Fam) Mr Justice Holman refused an application to commit a respondent to prison on the grounds that the standard form of collection order did not comply…
HOW THE BANKS GOT AWAY WITHOUT PAYING COURT FEES (FOR A WHILE)
The judgment of Master Matthews in Santander UK plc -v- The Royal Bank of Scotland plc [2015] EWHC 2560 (Ch) is an important review of the Norwich Pharmacal principles. However that is not what catches the eye. For a while…
DELAY AND STRIKING OUT FOR ABUSE OF PROCESS: SOME INTERESTING LESSONS
The judgment of Master Bowles in Solland International Ltd -v- Clifford Harris & Co [2015] EWHC 2018 (Ch) contains several matters of interest to litigators. Not only the fact that the action was struck out but some of the allegations…
BANKRUPTCY OF CLAIMANT DID NOT RENDER ACTION INVALID OR AN ABUSE OF PROCESS
In Eaton -v- Mitchells & Butler PLC (30th April 2015) (reported today on Bailli) His Honour Judge Keyser QC had to consider the effect of bankruptcy upon the validity of a claim. “It is remarkable that the case had proceeded…
PERMISSION TO APPEAL CANNOT BE OPEN-ENDED: HIGH COURT DECISION
In Ghura -v- Dalal [2015] EWHC 2385 Mr Justice Norris rejected the idea that time for appealing could be open-ended or ambiguous in its scope. KEY POINTS The Court does not have power to extend time for appealing “generally”. In…
THE TRANSITIONAL PROVISIONS OF QOCS: IMPORTANT AND INTERESTING DECISION: THE MEANING OF "PROCEEDINGS"
There is an interesting decision on checkmylegalfees.com website in relation to the transitional provisions of the QOCS regulations. The full transcript of Casseldine -v- The Diocese of Llandaff Board for Social Responsibility (Regional Costs Judge Phillips, Cardiff County Court 15th…
SETTING ASIDE AN EARLIER ORDER: A WIDE AND UNFETTERED DISCRETION?
In Cole -v- Howlett [2015] EWHC 1697 (Ch) Mr Justice Peter Smith conducted detailed consideration of the power, and discretion, to review and set aside orders already made. The judge agreed to set aside his earlier order striking out the…
LATE APPLICATION FOR DISCLOSURE AND EXPERT EVIDENCE REFUSED: STOPPED AT THE DOCK
The judgment of His Honour Judge Stephen Davies in (sitting as a judge of the High Court) in William Clark Partnership Limited -v- Dock St PCT Limited [2015] EWHC B5 (TCC) illustrates the problems caused when applications are made late….
WASTED COSTS HEARING: NOT JUSTIFIED BECAUSE OF LIKELY COSTS INVOLVED: CAVEAT LITIGATOR
In Kagalovsky -v- Balmore Invest Limited [2015] EWEHC 1337 (QB) Mr Justice Turner turned down a wasted costs application at the first stage. “A cigarette packet carries the warning that smoking can kill you. Solicitors’ standard terms of business should…
APPLICATION TO SET ASIDE JUDGMENT MADE LATE IN THE DAY: APPEAL AGAINST REFUSAL TO SET JUDGMENT ASIDE ALLOWED
In Priestley -v- Dunbar [2015] EWHC 987 (Ch) H.H.Judge Behrens (sitting as a judge of the High Court) overturned an earlier decision refusing to set judgment aside on the grounds of delay. THE CASE The claimant had obtained default judgment…
ADJOURNMENTS ON THE GROUNDS OF ILL HEALTH: A DETAILED CONSIDERATION
In Decker -v- Hopcraft [2015] EWHC 1170(QB)Mr Justice Warby set out the principles to be considered when a litigant seeks an adjournment of a hearing on the grounds of ill health. The judge held that there were five main factors…
ADVISING CLIENTS PROPERLY AND THE ECONOMICS OF PRACTICE: WHEN DRAWINGS ARE AT £9.9 MILLION
The earlier post on Procter -v- Raley’s solicitors contained a submission on behalf of the defendant that it was necessary “in modern conditions” for solicitors to “commoditise” their advice to clients. The Court of Appeal were doubtful on that point because there…
WITNESS STATEMENTS AND AVOIDING JAIL: ARE YOU PROTECTING YOUR CLIENTS AND PROTECTING YOURSELF?
In the recent case of Hughmans -v- Dunhill [2015] EWHC 716 (Ch) an interesting point arose about the drafting of a witness statement when a (former) client alleged that it had largely been drafted by her (former) solicitor. The assertion…
DECISION REGULARISING SERVICE OF UNSEALED CLAIM FORM NOT SET ASIDE EVEN THOUGH UNAUTHORISED BODY HAD SERVED THE CLAIM FORM
In Heron Bros Ltd -v- Central Bedfordshire Council (No 2) [2015] EWHC 1009 (TCC) Mr Justice Edwards-Stuart declined an application to vary his original order that service of an unsealed claim form, served under the Public Service Regulations, was an…
THE "URGENT NEED FOR COMMERCIAL PRACTITIONERS TO BRING A SENSE OF PROPORTION" TO LITIGATION: EVIDENCE NEEDED IN WHEN ARGUING SECURITY FOR COSTS "STIFLES" AN ACTION.
In Kazakhstan Kagazy Plc -v- Baglan Zhunus [2015] EWHC 996 Mr Justice Walker had strong words to say, and constructive guidance to give, in relation to some aspects of commercial litigation. The case further serves as a reminder of the…
FOREIGN JUDGMENTS, EXTENSIONS OF TIME AND RELIEF FROM SANCTIONS
In Christofi -v- National Bank of Greece (Cyprus) Ltd [2015] EWHC 986 (QB) Mrs Justice Andrews DBE considered whether the court had power to extend time in relation to an application to set aside registration of a foreign judgment. She…
PLEADING, PARTICULARITY, SUMMARY JUDGMENT AND STRIKING OUT: WAIT UNTIL AFTER DISCLOSURE
In Dellal -v- Dellal [2015] EWHC 907 (Fam) Mr Justice Mostyn made some important observations about the need for particularity in pleading THE CASE The claimant was bringing an action under the Inheritance (Provision for Family and Dependants) Act 1975…
THE AMENDED PRE-ACTION PROTOCOLS ARE OUT: THE LINK
The revised Pre-Action Protocols are now available (3 days after they came into force). THE LINK The Protocols are available on the Justice website and available here. There are 119 pages. THE AMENDMENTS Amendments are made to 8 of the Protocols….
WHEN YOU GET BACK TO WORK ON TUESDAY THERE ARE NEW CHANGES TO THE PRE ACTION PROTOCOLS IN FORCE: AND YOU MAY STRUGGLE TO FIND THEM
If new rules are important you would think that great time and effort would be spent in making sure that practitioners had plenty of advance notice and they were readily available for study and consideration before they came into force….
ADJOURNMENT GRANTED WHEN MEDICAL EXPERT "UNABLE" TO ATTEND: BETTER EVIDENCE NEEDED IN FUTURE
In D -v- the Secretary of State for Health [2015] EWHC 867(QB) Mr Justice Foskett granted the claimant when an important expert was unable to attend for somewhat unusual reasons. The judgment was designed to set out clear guidance for…
LITIGATE IN HASTE AND YOU WON'T NECESSARILY BE ALLOWED TO AMEND AT LEISURE: SU-LING -v- GOLMAN SACHS INTERNATIONAL
In the judgment today in Quah Su-Ling -v- Goldman Sachs International [2015] EWHC Mrs Justice Carr DBE refused a claimant permission to amend her particulars of claim at a late stage. The judgment contains a succinct review of the law…
CHILDREN & SUCCESS FEES: A POST-APRIL CHECKLIST & SOME DIFFICULT QUESTIONS
A previous post dealt with links to the rules and Practice Direction relating to success fees in children cases after the 6th April 2015. Here is a checklist of the relevant matters. CHECKLIST Prerequisites The action must have been settled…
CASE MANAGEMENT, DIRECTIONS AND ATTENDANCE OF THE PARTIES: A WARNING SHOT FROM THE COMMERCIAL COURT
In Richardson -v- Glencore UK Ltd [2014] EWHC 3990 (Comm) Mr Justice Walker had strong words to say about any apparent casualness by the parties in preparing for, and attending, the Case Management Conference. The judgment was intended to be…
"GRABBING THE CASE BY THE SCRUFF OF THE NECK": CASE MANAGEMENT IN THE FAMILY DIVISION
For the second time in two days we are looking at a report from the Family Division, seeking inspiration for civil lawyers. The robust case management decisions by Holman J in Abuchian -v-Maksoud [2014] EWHC 3104(Fam) are, in part, decisions…
DENTON APPLIED IN THE TAX & CHANCERY CHAMBER: LEEDS -v- COMMISSIONERS CONSIDERED
One of the places where Mitchell, and subsequently Denton, had a major impact was the specialist tribunals. As we have seen in this blog Mitchell principles were applied with some vigour and the “clarification” by Denton has also had an effect….
IMPORTANT CHANGES ON THE 22ND APRIL: NEW COURT FEES AND NEW STATEMENT OF TRUTH ON COST BUDGET
The previous post dealt with the date of applications and considered the potential implications if an application was not accompanied by the relevant fee. It seems timely to remind everyone that: 1. New Court Fees come into force on the 22nd…
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