A SPLIT TRIAL ON A PRELIMINARY ISSUE: ANOTHER CAUTIONARY TALE
A post earlier this month looked at the dangers of a court ordering a trial on a preliminary issue on a point of law. Similar concerns were raised by Mr Justice Edwards-Stuart in Water Lilly Co Ltd -v- Clin [2016] EWHC…
COSTS AFTER A SPLIT TRIAL: PART 36; UNNECESSARY EXPERT REPORTS; PROPORTIONALITY AND USELESS BUNDLES: ALL LITIGATION LIFE IS HERE
The short judgment of Mr Justice Males in C&S Associates UK Limited -v- Enterprise Insurance Company PLC [2016] EWHC 67 (Comm) encapsulates many of the problems of contemporary litigation. “It is important that those litigating in this court are aware…
GOOD BUNDLES, GOOD ADVOCACY, POOR WITNESS STATEMENTS
The final paragraph of the judgment of HH Judge Behrens in Royal National Institute for Deaf People -v- Turner [2015] EWHC 3301 Ch speaks volumes. I will allow it to speak for itself. “I cannot leave this case without…
WASTED COSTS ORDER MADE AGAINST SOLICITORS: COMPLIANCE WITH ORDERS, ABSENT STATEMENTS AND LATE BUNDLES
In F-v-M [2015] EWHC 3259 (Fam) Mr Justice Cobb made a wasted costs order against a firm of solicitors. The judgment is (and was designed to be) an object lesson in the need to comply with court directions and court…
WHAT A DIFFERENCE A PAGE MAKES: COURT WOULD NOT RECONSIDER JUDGMENT BECAUSE TRIAL BUNDLE WAS MISSING A PAGE
In Absolute Lofts South West London Limited -v- Artisan Home Improvements [2015] EWHC 2632 (IPEC) the claimant had missed a crucial page from the trial bundle. His Honour Judge Hacon refused an application to reconsider his judgment on damages. If anything showed…
MORE ON BUNDLES: JACKSON ON THE BUNDLE AS AN OBSTACLE COURSE
In a judgment today Jackson L.J. made some trenchant remarks about the quality of the appeal bundle. It illustrates the importance of reading (and complying) with the relevant rules and practice directions. “The appeal bundle should be an aid to…
TRIAL BUNDLES, SEDLEY'S LAWS AND DOCUMENTARY CARPET BOMBING
“Sedley’s Laws” of trial bundles were mentioned by Mr Justice Turner in Griffiths -v- The Secretary of State for Health [2015]. Another example of over-sized trial bundles. “CPR 1.3 imposes a duty upon the parties to help the court to…
YET MORE ON BUNDLES : BREACH OF ORDER MADE ON "MITCHELL" GROUNDS UPHELD ON "DENTON" GROUNDS
The case of Patel -v- Mussa [2015] EWCA Civ 434 is, in essence, another sorry story about bundles. It is also an example of the Court of Appeal upholding a case management decision made by a judge who applied “Mitchell”…
JUDGES MUST "CONTEND WITH THE CHANGING FASHIONS OF APPELLATE COURTS": ANOTHER LATE WITNESS STATEMENT; ANOTHER CASE WHERE RELIEF FROM SANCTIONS REFUSED
“This is yet another appeal concerning the proper application of CPR 3.9 as to relief from sanctions.” The opening words of the judgment of Mr Justice Cranston in Fouda -v- The Mayor & Burgesses of the London Borough of Southwark…
TROUBLESOME BUNDLES YET AGAIN: MR JUSTICE EDER SPEAKS OUT ON WASTEFUL BUNDLES IN THE COMMERCIAL COURT
The question of bundles was raised by Mr Justice Eder in Taberna Europe -v- Selskabet [2015] EWHC 871 (Comm). This is hardly a new complaint and appears across the board in all jurisdictions. (There are now 16 posts on this…
PROPORTIONALITY, BUNDLES AND £3 MILLION SPENT ON COSTS: FAMILY COURT ON PROFLIGATE EXPENDITURE
We have looked at the family courts from time to time in relation to procedure, costs and proportionality. Another example is provided by the judgment of Mr Justice Holman in the case of Gray -v- Work [2015] EWHC 834 (Fam)….
WHEN BUNDLES & SANCTIONS COLLIDE: DAVIS -v- RAJA: FAILURE TO FILE APPEAL BUNDLE LEADS TO APPEAL BEING STRUCK OUT
In Davis Solicitors LLP -v- Raja [2015] EWHC 519 (QB) Mr Justice Supperstone refused the claimant relief from sanctions following a failure to comply with directions on appeal in relation to the filing of a bundle. There are important practical…
USELESS BUNDLES; LENGTHY SKELETONS AND JUDICIAL IRE: THE COURT OF APPEAL RUES INABILITY TO IMPOSE "OLD FASHIONED" SANCTIONS
This is not the first time CLB has commented on judicial complaints about over-long skeletons and poorly thought out bundles. These points are made again by the Court of Appeal in Caldero Trading -v- Leibson [2014] EWCA Civ 935. The…
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