THE CIVIL JUSTICE SYSTEM DOES NOT COWER IN THE SHADOWS: IT IS DIFFICULT FOR LITIGANTS TO BE ANONYMOUS: NO “PARLIAMENTARY PRIVILEGE” HERE
If you are ever asked the question as to what the similarities are between dancers at Spearmint Rhino and employees of Members of Parliament then there is only one appropriate answer. They have both applied for, and been refused, permission…
BREXIT, APPLICATIONS AND THE LEGAL LABYRINTH: A CASE TO POINT
The legal problems caused by Brexit raised their head in the judgment of Master Clark in Shanavazi, Re [2021] EWHC 1832 (Ch). “It will be apparent from this judgment that a relatively simple practical problem has given rise to…
APPEAL COURT CANNOT IMPOSE COSTS CONDITION WHEN GIVING PERMISSION TO APPEAL IN SMALL CLAIMS TRACK APPEAL
The judgment of the Court of Appeal today in Smith v The Royal Bank of Scotland Plc [2021] EWCA Civ 977 highlights the fact that the small claims track is a “no costs” regime, even when matters reach the Court…
TRANSCRIBERS, LIVE RECORDING AND COURT HEARINGS: COURT SENDS OUT A WARNING: FOLLOW THE RULES AND GET PERMISSION IN ADVANCE
In JR & B Farming Limited v Hewitt [2021] EWHC 1704 (Comm) HH- Davis-White QC (sitting as a High Court judge) issued a clear warning to parties and transcription services that they must follow the correct procedure if a record…
“THERE COMES A POINT WHEN APOLOGIES ARE NOT ENOUGH”: LATE APPLICATIONS IN THE COURT OF PROTECTION
In University Hospitals Dorset NHS Foundation Trust & Anor v Miss K [2021] EWCOP 40 Mrs Justice Lieven observed that applications, made very late in the day, by hospital trusts, cause considerable disruption. (The blunt reality here, however, is that…
COURT OF APPEAL ENCOURAGES LITIGANTS TO GET INTO GEAR ON LISTS OF ISSUES AND SUGGESTIONS FOR MEDIATION
In Gregor Fisken Ltd v Carl [2021] EWCA Civ 792 the Court of Appeal made observations about two issues: the drafting of a list of issues; the failure to consider mediation. “It appears that the list of issues agreed by…
SEEKING PERMISSION TO APPEAL: THE COVID PROTOCOL MAKES NO DIFFERENCE TO THE TIME LIMITS: A POINT TO REMEMBER
In Claydon Yield-O-Meter Ltd v Mzuri Ltd & Ors [2021] EWHC 1322 (IPEC) HHJ Hacon rejected an argument that the Covid Protocol had any effect on the provisions for applying for permission to appeal. The proposed appellants should have applied…
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…
DEFAULT COSTS CERTIFICATE NOT SET ASIDE: SERVICE BY EMAIL WAS WRONG, BUT RECTIFIABLE: RELIEF FROM SANCTIONS REFUSED
Cases on Default Costs Certificates appear to be like London Buses – they come along in twos. Here we have the second case in two days. In Serbian Orthodox Church – Serbian Patriarchy v Kesar & Co [2021] EWHC 1205…
A PART 36 OFFER MADE LESS THAN 21 DAYS BEFORE TRIAL: WHAT HAPPENS IF THE TRIAL IS ADJOURNED
In Reader v SPIE Ltd & Anor [2021] EWHC 1221 (QB) Mr Justice Andrew Baker considered an issue in relation to the construction of CPR 36. A party made an offer less than 21 days before the date set for…
FAILURE TO COMPLY WITH DIRECTIONS IN THE FAMILY COURT: “THEY ARE NOT PREFERENCES, REQUESTS OR MERE INDICATIONS; THEY ARE ORDERS”
I am always wary of venturing into an area occupied by many exceptional family bloggers. However court order, and in particular compliance with court orders, is part of the regular diet of this blog. That is why a case with…
JOURNALIST ALLOWED TO VIEW DOCUMENTS REFERRED TO IN COURT JUDGMENT SIX YEARS AGO: CPR 5.4C CONSIDERED
In Goodley v The Hut Group Ltd [2021] EWHC 1193 (Comm) Mr Justice Calver allowed a journalist’s application for sight of documents referred to in open court. The judgment contains some important observations in relation to CPR 5.4C. THE…
A SCHEME SETTING UP COMPENSATION FOR VICTIMS IS NOT SUBJECT TO WITHOUT PREJUDICE PRIVILEGE
There are many procedural issues considered in the judgment of TVZ & Ors v Manchester City Football Club Ltd [2021] EWHC 1179 (QB). Here I want to look at one – whether the trial judge should be informed of the…
WHEN YOU HAVE TWO IDENTICAL ACTIONS ON THE GO AT ONCE: COURT CONSIDERS THIS AN ABUSE OF PROCESS
In Dixon v Santander Asset Finance Plc & Anor [2021] EWHC 1044 (Ch) HHJ Saffman (sitting as a High Court Judge) granted the defendant summary judgment on the basis that the claim against it was clearly statute barred. The judge…
THE PARTIES CANNOT AGREE TO CONTRACT OUT OF COURT ORDERS: A LESSON FROM THE FAMILY COURT
Although the judgment of Mr Justice Mostyn in AS v CS (Private FDR) [2021] EWFC 34 relates to family proceedings the principle set out may well be of more general application. The fact that the parties have agreed to a…
INACCURATE TIME ESTIMATES CAN LEAD TO COSTS PENALTIES: A REMINDER
There is another aspect of the judgment in Finvest Holdings Sarl -v- Lovering [2021] 3WLUK 579 HHJ Pelling (sitting as a High Court Judge) that merits examination. The judgment emphasised the need for accurate time estimates. THE CASE The judge…
THE OVERRIDING OBJECTIVE AND CPR CANNOT BE USED TO OVERRIDE THE REQUIREMENT THAT CASES BE DEALT WITH “JUSTLY”: HIGH COURT DECISION
The judgment of Mr Justice Lane in Ibrahim v London Borough of Haringey & Anor [2021] EWHC 731 shows an unsuccessful attempt to argue that the “overriding objective” justified a preliminary finding made after the court did not hear evidence….
HOUSING POSSESSION DUTY DESK: SIMON MULLINGS AND SUE JAMES: “SO MUCH MORE THAN” A PRACTICAL GUIDE
If there is a “front line” of the legal world a large part of it has to be the housing possession duty desk. A lawyer, with no previous knowledge of the case, is called upon to try to save the…
LAWYERS (AND ALL LITIGANTS) REMEMBER THAT YOU CANNOT WRITE TO THE COURT WITHOUT COPYING IN THE PARTIES TO THE LITIGATION
For the second time in two days I am writing of a case where a party has written to the court unilaterally, without copying in the other parties. It was a matter raised in the judgment of Mr Justice Fordham…
SNAILS, BOXES, RATES, OFFICES AND CIVIL PROCEDURE: A DRAFT JUDGMENT IS NOT AN INVITATION TO CRITIQUE IT
The judgment of Mr Justice Fordham in Isle Investments Ltd v Leeds City Council (Rev 1) [2021] EWHC 345 (Admin) contains a reminder of the point that a draft judgment is not an opportunity to re-open or critique the substance…