AVOIDING NEGLIGENCE CLAIMS IN LITIGATION 8: SERVICE OF THE CLAIM FORM (2) – SERVICE ON SOLICITORS (OR NOT)
We have looked at the problem of service on solicitors many times, including several cases where claimants have come to grief. Anyone proposing to serve on a solicitor must know the basic rules. In some circumstances it is mandatory to…
PART 8 PROCEDURE USED FOR CLAIM FOR £2.6 MILLION: THE CLAIMANT COMES TO GRIEF – IS ANYONE SURPRISED?
A common practice has occurred of issuing Part 8 proceedings under the MOJ Protocol and “parking” cases there for an extended period. This is an extremely dangerous practice. It is even more dangerous if the case that has been parked…
RELIEF FROM SANCTIONS GRANTED WHEN WITNESS AND EXPERT EVIDENCE SERVED LATE : EXPLAIN DELAY EVEN IF THERE IS NO GOOD REASON FOR IT
In Castle Trustees Ltd -v-Bombay Palace Restaurant Ltd [2017] EWHC 3893 (TCC) Mrs Justice Jefford allowed the defendant’s application for relief from sanctions when the defendant served witness and expert evidence late. This case is interesting for a number of…
RIGHTS OF AUDIENCE: WHAT IS MEANT BY CHAMBERS? CLAIMANT’S REPRESENTATIVE SENT HOME…
I am grateful to barrister Christopher Buckingham for sending me a copy of the judgment in National Westminster Bank -v- Smith. (27th February 2019). A copy of which is attached here E6BA4N32 – National Westminster Bank PLC v Smith (27.02.19)…
ADVICE TO A NEWLY QUALIFIED LITIGATOR (1): READ THIS CASE: BE WARY OF OPENING YOUR MOUTH TOO WIDE: TURN DOWN £1.5 MILLION AND GET £2.00 INSTEAD
A member of my family qualifies as a solicitor tomorrow and starts working in litigation. I have been pondering the best advice to give a newly qualified litigation solicitor. I intended a recap post of all those cases where litigants…
“CAN A DEAD PERSON BE TAKEN TO COURT?” : CPR 19.8: A RECAP
There have been a number of search terms arriving on this blog recently relating to the appropriate procedure when a party has died. Today the question was “can a dead person be taken to court?” This may be an opportune…
CASE NOT STRUCK OUT AFTER A FOUR YEAR DELAY: ALTERNATIVE “SANCTION” ORDERED INSTEAD
In Alba Exotic Fruit SH PK v MSC Mediterranean Shipping Company S.A. [2019] EWHC 1779 (Comm) HHJ Rawlings considered the appropriate sanction where there had been a four year delay by the claimant in pursuing an action. This case is…
TWO SHORT TWEETS THAT SUM UP THE STATE OF COURT ADMINISTRATION IN 2019
In the civil courts we don’t have someone like the Secret Barrister who exposes, carefully, clearly and meticulously, the shortcomings in the justice system. However two tweets from yesterday seem to me to exemplify the current state of court administration….
CIVIL PROCEDURE BACK TO BASICS 51: BULLOCK AND SANDERSON ORDERS: COSTS WHERE THERE ARE MULTIPLE DEFENDANTS
When writing the previous post about a Bullock order it struck me that there may be some people not quite certain of what a “Bullock order ” or “Sanderson order” is. This gives rise to a need to explain those…
“CHARACTER EVIDENCE” IN CIVIL CASES: NOT ALLOWED (AND NOT MUCH USE ANYWAY)
In Walsh v Greystone Financial Services Ltd [2019] EWHC 1719 (Ch) Mr Justice Nugee made some observations about evidence that was, in part, “character evidence”. THE CASE The claimant brought an action seeking damages after being advised to invest in…
CIVIL PROCEDURE BACK TO BASICS 49: THE CASE SUMMARY: THE RULES, SOME GUIDANCE AND AN EXAMPLE
A search term arrived on this blog today “how do I prepare a case summary for a civil litigation case”. A Case Summary should be prepared in virtually every Multi Track case. Very little is written about it. THE RULES…
BENCH WARRANT ISSUED IN CIVIL ACTION: WARRANT ISSUED TO ENSURE DEFENDANT’S ATTENDANCE AT A HEARING
In Hanson & Ors v Carlino & Anor [2019] EWHC 1366 (Ch) Mr Justice Birss issued a bench warrant to ensure a defendant’s attendance at a hearing. The defendant had a history of non-compliance and attempts to avoid the…
LITIGATION THAT WAS “TOTALLY OUT OF PROPORTION”: THE CLAIMANT SHOULD HAVE CUT THEIR CASE TO SUIT THEIR CLOTH: (SOMETHING ABOUT BUNDLES TOO)
In White Winston Select Asset Funds LLC & Anor v Mahon & Anor [2019] EWHC 1381 (Ch) HHJ Simon Barker QC had some telling words about the manner in which the claimant had conducted litigation. What is remarkable about this…
CIVIL PROCEDURE BACK TO BASICS 46: HOW TO INSTRUCT COUNSEL: HINTS AND TIPS FROM THE INTERNET
There is an ongoing debate going on on Twitter at the moment about “how to instruct counsel”. More particularly the problems caused by “instructions” being sent in a chain of emails (or other electronic communication) with major difficulties in finding…
EXPERT EVIDENCE, LAW, PRACTICE AND PROCEDURE: WEBINAR 2nd JULY 2019
There are more than 500 posts on this blog that deal with, or mention, expert evidence. It is a central feature of much litigation. I am giving a webinar on the relevant law, practice and procedure of experts on the…
CIVIL PROCEDURE BACK TO BASICS 45: THE COURT CAN REDUCE THE NUMBER OF WITNESSES AND EVIDENCE BEFORE TRIAL
We are looking at CPR 33.2(3) in relation to the reducing of witnesses or identifying issues prior to trial. THE RULE CPR 32.2(3) “(3) The court may give directions – (a) identifying or limiting the issues to which factual…
CIVIL PROCEDURE BACK TO BASICS 42: WHY A DAY EARLY IS SO VERY DIFFERENT TO A DAY LATE: THE ROBERT CRITERIA
There is a world of different between a prospective and retrospective application to extend time, or comply with an order. Every litigator has to know about Robert -v- Momentum Services [2003] EWCA Civ 229. An application made in advance means that the…
CIVIL PROCEDURE BACK TO BASICS 42: NON-DISCLOSURE OF DOCUMENTS DURING THE COURSE OF PROCEEDINGS
This post arises out of a Twitter discussion. Someone was reporting that documents that had been disclosed during the course of ongoing litigation were being put copied onto social media. Is this allowed? THE RULES: NON-DISCLOSURE OF DOCUMENTS This is…
ALLOCATION TO LEVEL OF JUDGE : “FAME” DOESN’T MATTER – THE TIME IT WILL TAKE TO OBTAIN A HEARING DOES
In Schumacher v Clarke [2019] EWHC 1031 (Ch) Chief Master Marsh held that the time it would take to obtain a hearing date is a factor in relation to which judge the matter would be allocated to. The Master also…
tWENTY YEARS OF THE CIVIL PROCEDURE RULES: ALL THAT TIME AND THEY HAVE MADE FEW FRIENDS
I have already done a post on the 20th anniversary of the Civil Procedure Rules on the 26th April. In an effort to find supporters I tried again. The Civil Procedure Rules, it appears, has very few friends… …