CLINICAL NEGLIGENCE CORNER 6 : CAUSATION WHEN THE INJURIES OCCURRED BEFORE THE NEGLIGENCE: THE BREACHES MADE NO DIFFERENCE TO THE OUTCOME
Practitioners in every field of litigation need to be aware of the need to prove causation in addition to breach. This requirement can sound particularly harshly in clinical negligence. We see an example here. There were some breaches of the…
CIVIL PROCEDURE BACK TO BASICS 107: THE IMPORTANCE OF PROVIDING A DRAFT ORDER WITH AN APPLICATION
One important aspect of civil procedure that is often overlooked is the importance of an applicant providing a draft order to the court. As the case we are looking at shows this is not a mere formality. A draft order…
MAZUR MATTERS 2: THE ROLE OF THE SOLICITORS REGULATORY AUTHORITY : THE REGULATOR THAT GOT THE LAW WRONG AND IS NOW “PONDERING” WHAT TO DO…
The webinar on Friday the 3rd October will deal with many of the major issues that arise from the the decision in Mazur & Anor v Charles Russell Speechlys LLP [2025] EWHC 2341 (KB). One interesting aspect of the case is…
COURT REFUSES TO GRANT A DEFENDANT RELIEF FROM SANCTIONS WHEN AN ACKNOWLEDGMENT OF SERVICE WAS FILED (VERY) LATE: ALSO REJECTS “BRAVE” SUBMISSION THAT THIS WAS A “TECHNICAL” BREACH
There are dozens, possibly hundreds, of posts on this site about the application of the Denton criteria and relief from sanctions. We have another case here. A defendant applied for relief from sanctions when the acknowledgment of service was filed…
OPINION EVIDENCE IN WITNESS STATEMENTS CAN LEAD TO CROSS EXAMINATION “DEGENERATING INTO AN ARGUMENT”: THE LIMITED WEIGHT THAT A JUDGE CAN PLACE ON HEARSAY EVIDENCE
I am grateful to barrister Jack Macaulay for bringing my attention to the case we are looking at here. I refer people to Jack’s detailed summary of the issues below. However, here, I want to concentrate on two aspects of…
COST BITES 253: COURT OF APPEAL ALLOW APPEAL IN HOLCROFT -V- THORNEYCROFT SOLICITORS – BY CONSENT: AN “AGREEMENT” AS TO THE DEDUCTION OF COSTS DOES NOT PREVENT A SOLICITORS ACT ASSESSMENT
The case of Holcroft -v- Thorneycroft has been discussed on this site in the past. The Court of Appeal has allowed an appeal, by consent, setting aside the original orders and directing that the defendants pay the costs of the …
CITING FALSE CASES TO THE COURT 4: THE COURT’S REVIEW OF CASES WHERE AI HAD CAUSED TROUBLE – AT HOME AND ABROAD
The use of AI which cites “false” cases is extremely worrying. It is clear that this is a widespread issue. In an appendix to the judgment the Divisional Court reviewed the cases, including many from foreign jurisdictions, where AI had…
ACCOMMODATION AND APPLIANCE CLAIMS: THE CASES SINCE SWIFT -v- CARPENTER: WEBINAR 15th APRIL 2025
Issues relating to accommodation costs and aids and appliances feature in many moderate to serious personal injury cases. There are relatively few cases where the principles governing damages are considered. This webinar looks at the principles and the practical steps…
CHANGE IN COURT FEES FROM 8th APRIL 2025: LINK TO THE PRACTICE DIRECTION
An earlier post set out the changes to court fees that are coming into force on the 8th April 2025. The Practice Direction that brings those changes into force has now been passed. THE PRACTICE DIRECTION The Court and…
THIS CASE SHOULD HAVE BEEN ISSUED IN CARDIFF; HEARD IN THE COUNTY COURT AND THERE SHOULD HAVE BEEN A SPLIT TRIAL: HIGH COURT ISSUES A WARNING
We are returning to the judgment of Mr Justice Cotter in Boyd v Hughes [2025] EWHC 435 (KB). At the conclusion of the judgment there is a very clear warning that this case: (i) should not have been issued in the…
WHEN A PARTY CITES, AND RELIES, ON CASE LAW THAT “DOES NOT EXIST” :”A MOST UNHAPPY FEATURE OF THIS CASE”
There is a very unusual element to the judgment of Mr Justice Kerr in Olsen & Anor v Finansiel Stabilitet A/S [2025] EWHC 42 (KB). The appellants, litigants in person, relied on case law that apparently supported their case. That…
COST BITES 203: A SUMMARY ASSESSMENT IN PRACTICE: “PROPORTIONALITY IS NOT JUST ABOUT REDUCING COSTS TO THE LOWEST POSSIBLE FIGURE”
In Ferko v Ealing Magistrates Court & Ors [2024] EWHC 3297 (Admin) Mr Justice Sweeting carried out a summary assessment. In doing so he set out some key principles in relation to the assessment of costs. In particular issues relating…
FUNDAMENTAL DISHONESTY FOUND WHEN CLAIMANT HAD FILED SCHEDULE WHICH WAS MISLEADING ABOUT LOSS OF EARNINGS CLAIM: THE CLAIMANT COULDN’T HAVE EARNED AND SHOULDN’T HAVE CLAIMED
I am grateful to the barrister Nadia Whittaker for sending me a copy of the judgment handed down today of HHJ Richard Carter in Brown -v- Liverpool University Hospitals NHS Foundation Trust & Mersey and West Lancashire Hospitals NHS Trust….
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…
FUNDAMENTAL DISHONESTY COST CLAIMANT £325,000 IN DEFENCE COSTS EVEN AFTER THE CLAIM HAD BEEN DISCONTINUED
I am grateful to Louise Jackson from Clyde & Co for drawing my attention to her piece about a recent settlement in a case where fundamental dishonesty was alleged. This is not a case that got to trial. However it…
ARTIFICIAL INTELLIGENCE IN THE COURTS: SELECTED HIGHLIGHTS FROM THE JUDICIAL GUIDANCE
We have looked before at problems caused by Artificial Intelligence being used in court. It is worthwhile looking at the Courts and Tribunals Judiciary publication “Artificial Intelligence (AI) Guidance for Judicial Office Holders. It shows some of the dangers in…
NEW COSTS RULES: WHEN A CASE CAN’T GO INTO THE INTERMEDIATE TRACK
Continuing with the series about the new rules relating to fixed costs. Here we recap on those cases that are not affected by the rules (because of the commencement date) and those issues that must be allocated to the multi-track….
MANCHESTER CIVIL JUSTICE CENTRE CLOSED, 22ND, 25TH, 27TH & 29TH SEPTEMBER 2023
Anyone planning to turn up to Manchester Civil Justice Centre on the 22nd, 25th, 27th or 29th September should know that a formal notice has been sent out stating that the Centre is closed on those dates due to Security…
ISSUING HIGH VALUE PERSONAL INJURY AND CLINICAL NEGLIGENCE CLAIMS: LOCAL IS USUALLY BEST: HIGH COURT DECISION
I am grateful to all those readers who brought my attention to the judgment of Mr Justice Cotter in Jennings v Otis Ltd & Anor [2023] EWHC 2039 (KB), in particular to the section on the wisdom of issuing in local…
CORONAVIRUS LAW: CHALLENGE TO VALIDITY OF ADOPTION AND CHILDREN REGULATIONS REJECTED BY THE ADMINISTRATIVE COURT
In Article 39, R (on the application of) v Secretary of State for Education [2020] EWHC 2184 (Admin) Mrs Justice Lieven rejected a challenge to the validity of the Adoption and Children (Coronavirus) Amendment Regulations 2020. “In anything less than…
THE ADVOCATE BEHIND THE MASK: NEW GUIDANCE ON FACE COVERINGS FROM MONDAY 27th JULY 2020
The Kings Chambers’ blog contains the full text of a letter from Susan Acland-Hood relating to the wearing of face coverings in court and tribunal buildings from Monday the 27th July 2020. WEARING FACE COVERINGS IN THE PUBLIC AREAS…
Civil Procedure (Coronavirus): BLOG AND ARTICLES ROUNDUP – JUNE 2020
This round up looks at the impact that COVID-19 is having on the law, and procedure in particular. The key cases in relation to the impact of coronavirus were considered in the post on the Kings Chambers’ blog Coronavirus: How…
THE (NOT SO) LONELY LITIGATOR’S CLUB 29: STEPHEN LOXTON: THE CLERK’S TALE
Next on our list of members is Stephen Loxton, Director of Clerking at Kings Chambers. Steve is working from home with two young children for company. He is one of hundreds (if not thousands)of people involved in the management of…
The Civil Procedure (Amendment No. 2) (Coronavirus) Rules 2020: EXTENDING STAY ON POSSESSION PROCEEDINGS UNTIL THE 23rd AUGUST 2020EEDINGS TO THE 23
These Regulations come into force on the 25th June 2020. The put the stay on possession proceedings into the rules (they have previously been in a Practice Direction). The rules are available here . THE NEW RULES Citation and commencement…
CORONAVIRUS LAW: POSSESSION APPEAL HEARD IN STAY PERIOD: JUDGMENT WILL NOT BE GIVEN UNTIL END OF THE STAY
The judgment of Mr Justice Cavanagh yesterday in Bromford Housing Association Ltd v Nightingale & Anor [2020] EWHC 1532 (QB) is another variant of the issues relating to the stay of possession proceedings. In this case the judge declined to…
TRANSPARENCY PROJECT: REMOTE COURT HEARINGS GUIDANCE NOTE
The Transparency Project have produced a Remote Court Hearings Guidance Note. This is aimed at litigants themselves. Although it is quite specifically aimed at the Family Courts many litigants (and some lawyers) may find this of some assistance. THE…
PROCEEDINGS BEFORE QUEEN’S BENCH MASTERS FROM 15th JUNE 2020: (EVEN THOUGH YOU’RE NOT GOING TO EQUITY YOU WILL HAVE CLEAN HANDS…)
A further bulletin has been issued which sets out the procedure for hearings before Queen’s Bench Masters from the 15th June. The default position is that hearings will be heard remotely. If an “in person” hearing is needed then it…
CORONAVIRUS LAW: STAY LIFTED SOLELY FOR THE PURPOSE OF HANDING DOWN APPEAL JUDGMENT
In Copeland v Bank of Scotland Plc [2020] EWHC 1441 (QB) Mr Justice Freedman lifted the stay on possession proceedings for the purpose of handing down a judgment on appeal. THE CASE The action related to possession proceedings brought…
MORE CORONAVIRUS LAW: HEALTH PROTECTION REGULATIONS BAN ON RELIGIOUS GATHERING NOT REMOVED BY INJUNCTION
In Hussain, R (on the application of) v Secretary of State for Health & Social Care [2020] EWHC 1392 (Admin) Mr Justice Swift refused an application for interim relief to allow attendance at religious services. The application requested the prevention…
MORE CORONAVIRUS LAW: ORDER TO RESTRAIN WINDING UP PETITION: WHERE THERE’S A BILL THERE IS A WAY
The judgment of Mr Justice Morgan today in A Company (Injunction To Restrain Presentation of Petition) [2020] EWHC 1406 (Ch) is another example of “coronavirus law”. The judge made an order restraining the presentation of a winding up petition not…
AMENDED LISTING PRIORITIES IN THE COUNTY COURT
The listing priorities in the county court were amended on 14.05.2020. “Introduction 1. Listing is a judicial function. 2. All applications/hearings/trials should be considered in advance by a judge in order for the judge to decide whether it should…
COVID REPEATS 23: A CHEERFUL POST FOR THE WEEKEND: THE GOOD STUFF ABOUT BEING A LITIGATOR – FROM NICE LAWYERS
I thought it would be a good idea to end the week on a positive note. Here we are looking at contributions from lawyers on Twitter about the positive side of being a lawyer. THE QUEST I set the challenge…
CHALLENGES TO THE VALIDITY OF PRACTICE DIRECTION MADE AS A RESPONSE TO CORONAVIRUS: THIS IS A PILOT SCHEME
In Arkin -v- Marshall [2020] EWCA Civ 620 the Court of Appeal rejected an argument that Practice Direction 51Z was ultra vires. The Practice Direction which provides for a stay of possession proceedings during the coronavirus crisis was held to…
MORE ON REMOTE HEARINGS: THE DANGERS OF INJUSTICE: COURT OF APPEAL DECISION (IT MAY BE DIFFICULT TO DO JUSTICE OVER THE TELEPHONE IN THE COURSE OF A OVER-BUSY LIST)
In B (Children)(Remote Hearing: Interim Care Order) [2020] EWCA Civ 584 the Court of Appeal set out some of the dangers of remote hearings and the need to take considerable care when important decisions are being made. It is also…
THE (NOT SO) LONELY LITIGATOR’S CLUB 15: TIM PHIPPS: A SHORT TRIP ACROSS THE HUMBER
In our attempt to gain members from a wide geographical area we move away from the major cities and taking a trip over the Humber Bridge. However, once over the bridge, we are not going very far. The first turning…
LITIGATION, CASHFLOW & COVID 1: DETAILED ASSESSMENTS CAN STILL GO ON (& HERE’S HOW…)
In the first in a series of litigation and cashflow during the COVID crisis I am recommending that you read a post by my colleague Kevin Latham – How to Make Remote Detailed Assessments Work. LATHAM’S LAWS Kevin sets out…
COVID REPEATS 7: WHAT THEY DON’T TEACH YOU AT LAW SCHOOL V: WEAR SUNSCREEN & HAVE A PLAN
Here I am repeating advice given by a former chairman of the Bar in Kuala Lumpur. Many of the challenges and difficulties that (at some time) you may think are specific to you, are in fact universal issues that lawyers…
COVID-19 NOT A GOOD REASON TO RESTRAIN PRESENTATION OF WINDING UP PETITIONS (ON THE FACTS OF THIS CASE)
In Shorts Gardens LLB v London Borough of Camden Council [2020] EWHC 1001 (Ch) Mr Justice Snowden did not accept that COVID-19 and prospective legislation by the government in relation to insolvency was a good reason to restrain winding up…
THE (NOT SO) LONELY LITIGATOR’S CLUB 14 : ANONYMOUS DISTRICT JUDGE (2): EXERCISING A “RIGHT OF REPLY”
Our 14th club member is also anonymous. A second District Judge provides some insight into the difficulties of continuing to work throughout the problems caused by COVID-19. Where are you working from now? Home. A market town 60 miles…
THE (NOT SO) LONELY LITIGATOR’S CLUB 12: ANONYMOUS DISTRICT JUDGE (1)
I haven’t quite worked out the logistics of our club having anonymous members (I will have to check the constitution carefully). However there are advantages to anonymity, a District Judge (in fact more than one) have agreed to join and…
IS PD 51Z VALID? COURT OF APPEAL WILL HEAR CASE ON POSSESSION PROCEEDINGS ON THE 30th APRIL
The Nearly Legal Housing Law blog reports that the Court of Appeal will hear an appeal on the 30th April as to whether PD 51Z is valid. THE CASE The appeal is a leapfrogged appeal from a decision of…
QUEEN’S BENCH GUIDANCE BULLETINS: SUMMARIES AND LINKS
Inevitably guidance from the QBD on the impact of coronavirus has come in stages. The six Bulletins are summarised below, together with links to the each guidance. Queen’s Bench guidance: This update explains the steps that are being taken in order…
SERVICE ON EU-DOMICILED DEFENDANTS: DIFFICULTIES THAT ARISE WITH THE CLOSURE OF THE FOREIGN PROCESS SECTION
I am grateful to barrister James Beeton for drawing my attention to, and giving me permission to cite from, his post on the International Law and Travel Blog “A BIG PROBLEM FOR SERVICE ON EU-DOMICILED DEFENDANTS” THE CLOSURE OF THE FOREIGN…
EXTENSION OF TIME GRANTED AND HEARING PUT BACK BECAUSE OF COVID-19 PROBLEMS: THE RELEVANT PRINCIPLES CONSIDERED
In Muncipio De Mariana & Ors v BHP Group Plc [2020] EWHC 928 (TCC) HHJ Eyre QC allowed the defendants extra time to serve evidence because of the coronavirus crisis and a hearing date was put back. There is an…
119th Practice Direction Update to the Civil Procedure Rules – Online Civil Money Claims in support of the Covid-19 effort
The 119th update to the Practice Direction Amendments can be found here. The amendments relate to the the Online Civil Claims (OCMC) pilot scheme. THE CHANGES The changes are best summarised in the Courts and Tribunals Announcements page, available here. …
Covid-19 Nottinghamshire, Derbyshire & Lincolnshire Protocol HHJ Godsmark QC – Designated Civil Judge
HHJ Godsmark QC has issued the listing and hearing protocol set out below for all Civil courts in Nottinghamshire, Derbyshire and Lincolnshire. It is worthwhile having a close look at the annexes in relation to listing priorities and the provision…
CORONAVIRUS, EXTENSIONS OF TIME AND TRIAL WINDOWS: THE WHEELS OF JUSTICE MUST BE KEPT TURNING…
In Heineken Supply Chain BV v Anheuser-Busch Inbev SA [2020] EWHC 892 (Pat) Damiel Alexander QC (sitting as a High Court judge) considered issues relating to timetabling and the problems caused by coronavirus. The problems caused to a party by…
MORE ON THE NEW RULES EXTENDING TIME: HOW DOES THE PRACTICE DIRECTION IMPACT ON THE RULES FOR EXTENDING TIME FOR SERVICE OF THE DEFENCE?
A very sensible question was asked on Twitter last week about whether the Practice Direction extending time applied to the very specific rule about parties agreeing an extension of time for filing the defence. THE RULES RELATING TO FILING A…
SKYPE HEARINGS AND APPEALS: COURT OF APPEAL ARE STEPPING ON THE GAS…
Teesside Gas Transportation Ltd v Cats North Sea Ltd & Ors [2020] EWCA Civ 503 demonstrated that Court of Appeal hearings can take place remotely. “I have explained how this hearing was undertaken in an attempt to demonstrate the…
CIVIL COMMITTAL PROCEEDINGS AND EARLY RELEASE FROM PRISON: CORONAVIRUS A RELEVANT FACTOR
In Chelsea Football Club Ltd v Nichols & Anor [2020] EWHC 827 (QB) Mr Justice Chamberlain held that the applicant’s health condition, current prison conditions and coronavirus were a relevant factor in the early discharge of someone imprisoned for contempt…
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