IN THE MIDNIGHT HOUR – THE SUPREMES’ VERSION: WHEN DOES THE LIMITATION PERIOD START TO RUN? (“WHAT A DIFFERENCE A DAY MAKES”)
Regular readers of this blog would reasonably suppose that lawyers like to live dangerously – leaving tasks to the last minute (and sometimes beyond). An example of this can be seen in the judgment today in Matthew & Ors v…
CASE AGAINST SOLICITORS WAS STATUTE BARRED: THE DANGERS OF MAKING ASSUMPTIONS IN RELATION TO LIMITATION PERIODS (AND WAITING SIX YEARS IN ANY EVENT)
In Elliott v Hattens Solicitors (a firm) [2021] EWCA Civ 720 the Court of Appeal found that an action against a firm of solicitors was statute barred. The loss had occurred more than six years prior to the date of…
LAWYERS, CLIENTS AND WITNESS STATEMENTS: REDUCING THE RISKS: SOME EXAMPLES AND A STRATEGY
Many people kindly send me cases for publication on this site. Sometimes the information they send with the case is as enlightening as the case itself. In a recent example I was told that a litigant had tried to throw…
SERVICE OF THE CLAIM FORM: SCOTTISH LAW: LIMITATION AND EXTENSIONS OF TIME: A LESSON HERE FOR US ALL
In Johnson v Berentzen & Anor [2021] EWHC 1042 (QB) Mrs Justice Stacey considered a case where a claimant inadvertently fell foul of Scottish limitation law. In Scottish cases proceedings need to be served within the three year period, it…
MORE ON WHAT TO DO WHEN THINGS GO WRONG: GOOD ADVICE IN TIMES OF STRESS AND PANIC
The Law Society Gazette today has an article by John Hyde “Prosecute the firms that force junior solicitors to cover up mistakes”. The central thrust of the argument is that there has to be a duty on firms employing lawyers…
MAKING MISTAKES AS A YOUNG LAWYER: HELPFUL GUIDANCE – WITH A LITTLE HELP FROM MY FRIENDS…
The post yesterday on making mistakes as a young lawyer got a lot of attention and comment. For that reason I have decided to re-post something on the same vein. This post is based on guidance given on Twitter in…
AVOIDING PROBLEMS: TWELVE THINGS FOR LITIGATORS TO THINK ABOUT IN MARCH
I am here re-visiting advice first given in 2016. However everything written then appears equally valid today. Indeed the contents of this blog over the past five years serves basically amplifies every issue raised here. 1. NEVER, EVER, GUESS ABOUT…
“DENTON PROOFING” YOUR PERSONAL INJURY PRACTICE – KNOWING WHERE THINGS GO WRONG AND PUTTING THEM RIGHT: WEBINAR 11th MARCH 2021
This blog has reported numerous cases where practitioners have fallen foul of the civil procedure rules. On the 11th March I am giving a webinar aimed at helping to avoid problems and also dealing with the steps that should be…
CIVIL PROCEDURE BACK TO BASICS 91: MAKE SURE YOUR CLIENT IS STILL ALIVE WHEN YOU ISSUE – AT CERTAINLY AT THE TIME OF TRIAL: A SITUATION THAT IS UTTERLY BIZARRE
The facts in Amirtharaja & Anor v White & Anor [2021] EWHC 330 (Ch) are unusual to say the least. Someone who had died two years prior to issue was included as a party in a claim form. The matter…
DAMAGES AND THE SCHEDULE OF DAMAGES IN PERSONAL INJURY CASES: AVOIDING THE PITFALLS: WEBINAR 4th MARCH 2021
This webinar on the 4th March 2021 is part of the Avoiding Pitfalls series. It looks at rules and practice relating to drafting and proving damages in personal injury cases. The webinar considers schedules of damages and proving damages with…
CIVIL PROCEDURE BACK TO BASICS 90: APPEALS, RESPONDENT’S NOTICES AND DENTON
The Court of Appeal judgment in Unite the Union v Alec McfAdden [2021] EWCA Civ 199 highlights the needs for a party, responding to an appeal, to file a Respondent’s Notice if it wants to argue there are additional, or…
THE IMPORTANCE OF ACCURATE WITNESS STATEMENTS: TURN DOWN £60,000 AND PAY OUT £90,000 INSTEAD…
One case that exemplifies the dangers of taking an “incomplete” witness statement is the decision of Judge Keyser Q.C. In Kellie & Kellie -v- Wheatley & Lloyd Architects Ltd [2014] EWHC 2866(TCC. This case gives a working example of the…
INEFFECTIVE REDACTION IN DISCLOSED DOCUMENTS: A WARNING TO ALL LITIGATORS (AND LOCAL AUTHORITIES…)
Sometimes documents can be redacted. The judgment of Mr Justice Pepperall in London Borough of Lambeth v AM (Judgment No. 2) [2021] EWHC 186 (QB) shows that great care must be taken in “redacted” documents provided electronically. THE CASE The…
SOLICITOR DID NOT HAVE GOOD GROUNDS TO TERMINATE THE RETAINER UNDER A CFA: CLAIM FOR £16,200 IN COSTS FAILS
I am returning to the judgment of Master Haworth in Murray & Anor v Richard Slade and Company Ltd [2021] EWHC B3 (Costs). This time looking at the decision in relation to termination of a conditional fee agreement. The Master held…
WEBINAR ON AVOIDING PROBLEMS IN LIMITATION: 4th FEBRUARY 2021
On the 4th February I am giving a webinar “Limitation Avoiding Problems and Pitfalls”. THE WEBINAR This webinar looks at the major problem areas in limitation for personal injury litigants. It identifies, and helps litigators avoid, all those difficult areas…
NEW RULES ON WITNESS STATEMENTS IN THE BUSINESS AND PROPERTY COURTS FROM APRIL 2021: IN-HOUSE WEBINAR AVAILABLE
In April this year those practising in the Business and Property Courts will be subject to much more stringent requirements in relation to the preparation of witness statements relating to trial. The lawyer conducting the case will have to sign…
SERVICE OF DEFENCE BY EMAIL NOT GOOD SERVICE: RELIEF FROM SANCTIONS REQUIRED TO SET ASIDE JUDGMENT (AND GRANTED)
The judgment of Mr Justice Calver in Ipsum Capital Ltd v Lyall & Ors [2020] EWHC 3508 (Comm) shows the dangers of serving documents by email. The judge held that service of a defence by email was not good service…
COSTS LAWYERS BEWARE: COURT REFUSES TO SET ASIDE DEFAULT COSTS CERTIFICATE: “AVOIDABLE DELAY” IS NOT LOOKED AT KINDLY
In Masten v London Britannia Hotel Ltd [2020] EWHC B31 (Costs) Mr Leonard refused to set aside a default costs certificate. This serves as a salutary warning of the importance of time limits. Further the Master observed that if a…
MISTAKES IN THE TERMS OF AN ORDER, DENTON AND THE SLIP RULE: AN UNFORTUNATE ERROR LEADS TO A LOT OF LITIGATION
In IC v RC [2020] EWHC 2997 (Fam) Mrs Justice Knowles had to consider the Denton criteria and the slip rule. It also serves as an important warning to anyone undertaking the task of drafting a court order. “I…
SERVICE OF UNSEALED AMENDED CLAIM FORMS DID NOT CONSTITUTE GOOD SERVICE: ALL OF THE CLAIMANTS’ ATTEMPT TO REMEDY THE SITUATION COME TO GRIEF: THE CLAIMANTS’ CARDS WERE MARKED
In November I wrote that there had been a lull in reported cases relating to service of the claim form. As predicted that lull did not last long. In Ideal Shopping Direct Ltd & Ors v Visa Europe Ltd &…