PART 36: THE CONSEQUENCES APPLY TO A CLAIMANT’S OFFER EVEN WHEN THERE WAS NO CLAIM FOR A MONETARY AWARD
In Rahman v Hassan & Ors (Re Consequential Matters) [2024] EWHC 2038 (Ch) HHJ Paul Matthews (sitting as a High Court Judge) held that Part 36 applies even when the claim was not, directly, for a monetary award. There was…
ANOTHER FAILED SERVICE OF CLAIM FORM CASE: FAILURE TO SERVE PROPERLY ON A PARTNERSHIP MEANS THE ACTION COMES TO GRIEF
In Goodfellow v Warren Boyes & Archer (A Firm) [2024] EWHC 2015 (KB)Master Thornett rejected an argument that a former partner in a solicitors’ practice had been validly served when proceedings were sent to the company that had purchased that…
CHILDREN AND FATAL ACCIDENT LITIGATION 2024: KEY ISSUES CONSIDERED: WEBINAR 6th AUGUST
There are particulars challenges and difficulties facing a practitioner in cases where children are the only or primary dependants in a fatal claim. This webinar addressed the key issues, in relation to the law, practice and procedure and helping with…
HARASSMENT PROCEEDINGS: PART 7 AND NOT PART 8 SHOULD HAVE BEEN USED
There are often procedural difficulties when a claimant bringing a claim for harassment has to use the Part 8 procedure (as this is prescribed by CPR 65.28(1)(a)). However as the judgment of Aidan Eardley KC in Pattinson v Winsor [2024]…
“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)…
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…
COSTS AFTER A CLAIMANT FAILS ON CLAIM FORM POINTS: SUCCESSFUL DEFENDANTS GET (MOST) OF THEIR COSTS
In Wragg & Ors v Opel Automobile GmbH & Ors [2024] EWHC 1909 (KB) Mr Justice Constable considered issues of costs after the claimants had failed on appeal on late service/extensions of time claim form issues. “Doing justice between the…
THE JOINT MEETING OF EXPERTS AND THE JOINTLY INSTRUCTED EXPERT: WEBINAR 29th JULY 2024
I was a more than a little shocked to read the judgment in Glover & Anor v Fluid Structural Engineers & Technical Designers Ltd & Ors [2024] EWHC 1257 it is a case that shows that lawyers are still making…
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…
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…
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…
SECRETARY OF STATE REFUSED PERMISSION TO RELY ON A WITNESS STATEMENT THAT WAS SERVED LATE
In One Trees Estates Ltd, R (On the Application Of) v Secretary of State for the Home Department [2024] EWHC 1644 (Admin) Margaret Obi, sitting as a Deputy High Court Judge, refused the Secretary of State’s application for permission to…
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,…
YOU SIGNED IT – YOU OWN IT: CLAIMANT IN £1.2 MILLION CLAIM FOUND TO BE FUNDAMENTALLY DISHONEST AND RECOVERS NOTHING
I am grateful to barrister Matthew Snarr for sending me a copy of the judgments of HHJ Sephton KC (sitting as a High Court Judge) in Shaw -v- Wilde, copies of those judgments are available here shaw-v-wilde-judgment . I will…
SERVICE OF THE CLAIM FORM – ERRORS AND PROBLEMS 3: AN ATTEMPT TO OBTAIN “RELIEF FROM SANCTIONS” IS FUTILE
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 third time (and not the last time) we are looking at the judgment of Occupiers of…
SERVICE OF THE CLAIM FORM ERRORS AND PROBLEMS 2: HAVE YOU AGREED AN EXTENSION OF TIME? NO YOU HAVEN’T
NB AN APPEAL WAS ALLOWED IN THIS CASE SEE Bellway Homes Ltd v The Occupiers of Samuel Garside House [2025] EWCA Civ 1347 We are returning to the judgment of Master Dagnall in Occupiers of Samuel Garside House v Bellway Homes…
SERVICE OF THE CLAIM FORM: ERRORS AND PROBLEMS 1: LEAVING SERVICE UNTIL THE LAST MINUTE AND THEN NOT SERVING PROPERLY (BY FAX OR DX)
NB AN APPEAL WAS ALLOWED IN THIS CASE SEE Bellway Homes Ltd v The Occupiers of Samuel Garside House [2025] EWCA Civ 1347 The judgment of Master Dagnall in Occupiers of Samuel Garside House v Bellway Homes Ltd & Anor…
THE ELEVENTH ANNIVERSARY OF CIVIL LITIGATION BRIEF: A LOOK BACK TO THE FIRST ANNIVERSARY
Today marks the 11th anniversary of the setting up of this blog. Rather than review the previous decade I thought it would be a good time to repeat what I said on the first anniversary. The growth and size of…
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…
THE HIGH COURT DOES NOT HAVE JURISDICTION TO HEAR AN APPEAL FROM A CIRCUIT JUDGE WHEN THAT DECISION WAS ITSELF AN APPEAL: DECISION ON THIS POINT
It is always important to remember that appeals from Circuit Judges, which are themselves a decision made on appeal, can only be heard by the Court of Appeal. In Jarvis v Metro Taxis Ltd [2024] EWHC 1452 (KB) Mr Justice…
TALES FROM THE LEGAL ACTION GROUP HOUSING LAW CONFERENCE (II): PERSONAL INJURY CLAIMS AND THE HOUSING LAWYER’S DILEMMA
At the Housing Law Conference last Friday I had the pleasure of meeting, and lecturing with, one of the doyenne’s of housing law, Giles Peaker, author of the “Nearly Legal” blog on housing law. Naturally I was pleased to leave…
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…
COST BITES 156: COSTS BUDGETING WAS APPROPRIATE IN THE CASE OF A SERIOUSLY INJURED CHILD: IT HELPS THE CLAIMANT AS MUCH AS THE DEFENDANT
I am grateful to PJ Kirby KC for sending me a copy of the judgment of Master Brown in the case of PXT -v- Atere-Roberts [2024] EWHC 1372 (KB), a copy of which is available here Judgment PXT final 6…
WEBINAR ON STATEMENTS OF CASE, DRAFTING, DANGERS AND PITFALLS: 14th JUNE 2024
This blog has looked at many cases where the courts have been critical of the way in which statements of case have been drafted. On the 14th June there is a webinar on the importance of accurate drafting, coupled with…
A CLAIM FORM WAS NEVER SERVED PROPERLY AND THE ACTION WAS STRUCK OUT: A TRULY EXTRAORDINARY CASE OF FAILED SERVICE ON A FOREIGN DEFENDANT
I am grateful to barrister Feliks Kwiatkowski for sending me a copy of the judgment today of District Judge Lumb in Perisi -v- Secret Surgery Ltd & Dr Ahmed Eslaftawy, a copy of that judgment is available here Perisi v…
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…
AVOIDING UNDERSETTLEMENT: A GUIDE FOR PERSONAL INJURY LAWYERS: WEBINAR 4th JUNE 2024
This webinar looks at those cases where allegations of under settlement have been made against claimant solicitors, looking at the factors that lead to a court finding whether there was negligence when a case was settled or litigated. Booking details…
WITNESS STATEMENTS THAT BREACH THE PRACTICE DIRECTION: WHAT IS THE APPROPRIATE APPROACH? HIGH COURT DECISION
In Vainker & Anor v Marbank Construction Ltd & Ors [2022] EWHC 2785 (TCC) Mrs Justice Jefford considered the appropriate approach where a party objected to the contents of witness statements that did not comply with Practice Direction 57AC. She…
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…
PART 36 THE PAST 12 MONTHS: HOW HUGH GRANT AND THE DUKE OF SUSSEX FEATURE IN A WEBINAR ABOUT CIVIL PROCEDURE: USEFUL WATCHING IF YOU HAVE TIME TO SPARE…
The webinar I gave on the 13th May discussing Part 36 cases over the previous 12 months is now available on YouTube on this link. Cases looked at include: Holden -v- Holden – were Part 36 offers valid offers? Colicci…
WHAT TO DO IF THE DEFENDANT MAKES AN EARLY PART 36 OFFER 2024 : WEBINAR 13th MAY 2024
The making of an early Part 36 offer can cause major problems for claimants and their lawyers. An understanding of the rules, the relevant cases and the steps that need to be taken when a Part 36 offer is made…
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…
INCREASE IN COURT FEES FROM THE 1ST MAY 2024
Court fees increased from the 1st May. Details of all court fees increased can be seen here. The increases apply in family and tribunal proceedings in addition to civil cases. 172 court fees have been increased by 10%. Here we…
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…
AVOIDING MISTAKES WHEN DRAFTING WITNESS STATEMENTS: WEBINAR 9th MAY 2024
Judges regularly complain that witness statements are inadequate and do not contain sufficient information, alternatively that they contain much information that is irrelevant and the witness is unable to give. This webinar looks at how practitioners can avoid basic errors…
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…
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…
PROCEDURE, DAMAGES, LIABILITY, COSTS AND LIMITATION: A SERIES OF WEBINARS THIS YEAR AIMING TO HELP AVOID OR DEAL WITH PROBLEMS IN LITIGATION
The issues arising from many of the cases looked at on this blog are being considered in a series of webinars starting later this month. The webinars cover many of the problem areas of litigation: what to do when things…
WHEN CAN A CLAIM FORM INCLUDE MULTIPLE PARTIES? COURT OF APPEAL REACH BACK TO THE OLD RULES TO HELP
Yesterday I wrote about a case where a judge made strict case management orders in an attempt to deal with an action brought by multiple claimants. The issue of multiple parties was considered today by the Court of Appeal in…
DEFENDANT GIVEN PERMISSION TO WITHDRAW FROM ADMISSION MADE IN THE PORTAL: ON CONDITION THAT INTERIM PAYMENTS WOULD NOT BE REPAID
I am grateful to solicitor Stratos Gatzouris from DWF law for sending me a copy of the judgment of HHJ Catherine Brown in the case of Jerrom -v- Serco Leisure Operating Ltd (Canterbury County Court 12th February 2023). It is an…
TOO MANY PARTIES CAN INCUR THE COURT’S WRATH: THE DIFFICULTIES IN PLEADING A CASE WHERE THERE ARE MULTIPLE CLAIMANTS
In Niprose Investments Ltd & Ors v Vincents Solicitors Ltd (Professional negligence) [2024] EWHC 801 (Ch) HHJ Hodge KC (sitting as a High Court Judge) considered some of the issues where 35 claimants attempted to plead their claim on one…
SERVICE OF THE CLAIM FORM AND SUBMISSIONS TO THE JURISDICTION: SOMETHING ABOUT RELIEF FROM SANCTIONS TOO
In Moonbug Entertainment Ltd v CCM Touring LLC & Anor [2024] EWHC 793 (Comm) Mr Justice Andrew Baker found that the defendants had submitted to the jurisdiction by their conduct. Further the defendants required relief from sanctions. The judge held…
COURT WOULD NOT SET ASIDE FINAL ORDER FOR DIVORCE CAUSED BY A SOLICITORS ERROR: IT IS MORE THAN A SIMPLE CLICK OF A MOUSE
In Williams v Williams [2024] EWHC 733 (Fam) Sir Andrew McFarlane refused to set aside a final divorce order when the order had been made due to a mistake by the applicant’s solicitors. It is a clear example of the…
TRIALS BY JURY IN CIVIL CASES: THE RULES AND CASES CONSIDERED
In Taylor v Savik & Anor [2024] EW Misc 15 (CC) HHJ Paul Matthews considered the question of whether a jury trial should be ordered in a civil trial. The judgment contains a detailed consideration of the legislation and case…
PRACTICE DIRECTION AMENDMENTS COMING INTO FORCE 6th APRIL 2024 (2) VAT AND COUNSEL’S FEES
The 165th update to the Practice Direction comes into force on the 6th April 2024, alongside the 163rd amendment looked at in the previous post. The amendments can be found here. This Practice Direction deals with adding VAT to fixed…
THE 163rd UPDATE TO THE PRACTICE DIRECTIONS: COMING INTO FORCE ON THE 6th APRIL 2024 (1)
There are a number of amendments to Practice Directions coming into force on the 6th April 2024. Details of the 163rd update can be found here. OVERVIEW By way of overview the amendments relate to Civil restrain orders. (New…
COST BITES 139: A CLAIMANT WAS NOT AWARDED COSTS AGAINST HIS OWN SOLICITORS: WHAT HAPPENS WHEN YOU BURY YOUR HEAD IN THE SAND
The judgment of Deputy Master Grimshaw in Al Tarboush v Cassam [2024] EWHC 639 (KB) shows two things: (i) the limitations of the wasted costs procedure; (ii) the major procedural problems that can arise in the course of a case…
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