RESPONDENT GRANTED RELIEF FROM SANCTIONS WHEN WITNESS EVIDENCE WAS SERVED LATE: TO SHUT IT OUT FROM PRESENTING ITS BEST EVIDENCE WOULD BE “WHOLLY UNJUST AND DISPROPORTIONATE”
In Tanfield & Anor v Meadowbrook Montessori Ltd [2024] EWHC 1759 (Ch) ICC Judge Barber allowed a respondent’s application for relief from sanctions when witness evidence was served late. The Denton test was considered and, although the respondent could not…
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…
FOUR WEBINARS ON FATAL ACCIDENT LITIGATION: CORONERS; RECENT CASES; CHILDREN AND FATAL CLAIMS & DAMAGES IN ANTICIPATION OF DEATH
There are four webinars over the next four weeks dealing with key elements of fatal accident litigation. An introduction to the coroner’s court for personal injury and clinical negligence lawyers 23rd July 2024 This webinar is an introduction to the…
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…
THE CLAIMANT HAD NOT SERVED THE CLAIM FORM PROPERLY: ORDER FOR SERVICE BY ALTERNATIVE MEANS WAS NOT EFFECTIVE WHEN THE DEFENDANT WAS RESIDENT ABROAD
In Broom v Aguilar [2024] EWHC 1764 (Ch) HHJ Paul Matthews (sitting as a High Court Judge) decided that a claim form had not been properly served when it was served at a time that the defendant was living abroad….
SERVICE OF THE CLAIM FORM – ERRORS AND PROBLEMS 6: YOU’RE SUING THE WRONG PARTY: THE LAW OF AMENDMENT AND MISTAKE CONSIDERED
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 sixth time we have looked at the judgment in Occupiers of Samuel Garside House v…
THE COSTS JUDGE OVER YOUR SHOULDER (SOLICITOR AND OWN CLIENT COSTS): WEBINAR 15th JULY 2024
The previous post on the judgment in St. James v Wilkin Chapman LLP [2024] EWHC 1716 (KB) highlights the fact that great care is needed in entering into funding agreements with clients when the solicitor proposes to deduct costs from the…
SERVICE OF THE CLAIM FORM – ERRORS AND PROBLEMS 4: NOW IT IS THE DEFENDANTS THAT HAVE MADE MISTAKES: AN IMPROPERLY SERVED CLAIM FORM IS NOT A NULLITY
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 continuing with the judgment in Occupiers of Samuel Garside House v Bellway Homes Ltd & Anor [2024]…
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…
IT IS NOT APPROPRIATE TO USE PART 11 WHEN CHALLENGING A TRADE UNION’S RIGHT TO BRING AN ACTION FOR DEFAMATION
In Prospect v Evans [2024] EWHC 1533 (KB) Mrs Justice Steyn held that a challenge to a trade union’s right to bring defamation proceedings should not have been made by using Part 11. Part 11 applications deal with jurisdiction. The…
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…
SUING THE “MAN OF STRAW” IN A PERSONAL INJURY CASE: A REMINDER TO LOOK AT YOUR OWN CLIENT’S HOME INSURANCE
Next week marks the 11th anniversary of this blog. I am reviewing key posts from the past. This was the second ever post on the 25th June 2013. The issues remain relevant. I have issued periodical reminders about this issue…
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…
A SHORT PLEADING POINT: PLEADING FRAUD – A BLAST FROM THE PAST
I can’t think of any other case where this blog has featured a case that was decided prior to the introduction of the Civil Procedure Rules. However the judgment in Rigby v Decorating Den Systems Ltd [1999] EWCA Civ 986…
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…
HOW THE DEFENDANT MANAGED TO MISS TIME FOR APPEALING: THE IMPORTANCE OF APPLYING TO THE ORIGINAL JUDGE, AND AGREEING A DRAFT ORDER PROMPTLY
We are looking again at the judgment of Mr Justice Sweeting in Elbanna v Clark (Re Consequential Matters) [2024] EWHC 1471 (KB). The defendant sought permission to appeal. However by virtue of attempting to appeal to the Court of Appeal, thereby…
CLAIMANT’S PART 36 OFFER ON LIABILITY NOT EFFECTIVE WHEN CAUSATION WAS STILL AT LARGE: NOT AN EFFECTIVE TRY
In Elbanna v Clark (Re Consequential Matters) [2024] EWHC 1471 (KB) Mr Justice Sweeting found that a claimant’s Part 36 offer to accept 75% of liability was too ambiguous to be effective when issues of causation were also to be…
IS ANYTHING IMPORTANT HAPPENING ON THE 4TH JULY? WEBINAR ON CONTRIBUTORY NEGLIGENCE – RECENT CASES
There is a danger that this webinar may be overshadowed by other events on the day. This webinar considers the law and practice in relation to contributory negligence. Booking details are available here. THE WEBINAR The webinar considers the…
WHEN SHOULD A PART 20 DEFENDANT BE LIABLE TO PAY THE PART 20 CLAIMANT’S COSTS OF DEFENDING THE MAIN ACTION? THE PRINCIPLES CONSIDERED
In Alison Healey (Widow And Executrix of the Estate of Simon Andrew Healey, Deceased) v Mr Daniel McgRath [2024] EWHC 1360 (KB) Dexter Dias KC, sitting as a Deputy High Court Judge, considered the question of whether it was appropriate…
STATEMENTS OF CASE AND AMENDMENTS: A ROLLERCOASTER OF A CASE: ISSUE OF AMENDMENT REMITTED TO COUNTY COURT
It is too easy, in fact far too easy, to describe the case of Idziak v Merlin Entertainments PLC [2024] EWHC 1351 (KB) as a “rollercoaster”. It involves the claimant being injured on a fairground ride. The claimant succeeded at…
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 155: HOW PARTICULAR SHOULD POINTS OF DISPUTE BE? AINSWORTH PRINCIPLES APPLY TO INTERPARTES ASSESSMENTS
In Wazen v Khan [2024] EWHC 1083 (SCCO) Deputy Costs Judge Roy KC considered the question of how detailed and particularised points of dispute have to be. In particular whether the principles in Ainsworth v Stewarts Law LLP [2020] EWCA Civ…
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…
UPDATE ON PREVIOUS POST: SUCCESSFUL DEFENDANT’S COSTS REDUCED BY 25% BECAUSE THEY REFUSED TO CONSIDER MEDIATION
Following the previous post about the judgment of HHJ Mithani KC in Conway v Conway & Anor (Rev1) [2024] EW Misc 19 (CC) there is an interesting post about the subsequent decision of costs. This is on Linked In by…
BARNS, EVIDENCE, DOCUMENTS AND MEDIATION: A LOT TO THINK ABOUT HERE
There are some interesting observations about both evidence and mediation in the judgment of HHJ Mithani KC in Conway v Conway & Anor (Rev1) [2024] EW Misc 19 (CC). “One matter that seriously concerns me is why the Defendants…
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…
“AN UNWIELDLY COLLECTION OF COURT DOCUMENTS”: A JUDGMENT THAT ENDS THE “BUNDLE DROUGHT”
It has been six months since this blog featured a complaint about trial bundles. That barren period is ended by some observations of Costs Judge Leonard in Griffin v Kleyman & Co Solicitors Ltd *[2024] EWHC 1151 (SCCO). The bundle…
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…
AVOIDING LIMITATION PROBLEMS AND THE (POSSIBLE) LIFELINE OF SECTION 33: WEBINAR 29th MAY 2024
Over the year this blog has recorded many cases of claimants (but not always claimants) coming to grief because of limitation issues. This webinar is designed to help practitioners avoid limitation problems, looking at major problem areas, common mistakes and…
COSTS BUDGETING: ESSENTIAL GUIDANCE FROM COSTS JUDGE BROWN
Costs Judge Simon Brown has produced a Note to assist in the case management and costs budgeting process in Kings Bench Division involving high value personal injury claim. The purpose of the Note is to “provide a neutral approach to…
AN ACTION THAT HAS BEEN “WAREHOUSED” WILL NORMALLY BE STRUCK OUT AS AN ABUSE OF PROCESS: COMPELLING REASONS TO THE CONTRARY ARE REQUIRED
In Watford Control Instruments Ltd v Brown [2024] EWHC 1125 (Ch) Mr Justice Richards struck out the claimants action on the grounds that it had “warehoused” the action for several years and this amounted to an abuse of process. Such…
CROSS-EXAMINING EXPERTS: USEFUL GUIDES AND HINTS
There are hundreds of posts on this blog about the role of experts in civil litigation. In many of those cases the experts have been cross-examined and this has not ended well – for them. I have already planned a…
ARGUING ABOUT THE SIZE OF THE BILL: ANOTHER ROUND IN THE DISCLOSURE OF AGENCY COSTS AND MEDICAL FEES WAR: CLAIMANT ORDERED TO COMPLY WITH PART 18 REQUESTS FOR A BREAKDOWN OF THE INVOICE
I am grateful to Ben Millns from Kennedys for sending me a copy of the decision in Parsons -v- Stevens, a copy of which is available here. Deputy District Judge Fentem decided that it was appropriate to make an order…
CIVIL EVIDENCE: WHEN YOU TELL A WHOPPER THE FIRST TIME AROUND – IT COMES BACK TO BITE YOU IN A SECOND TRIAL
In McDonald’s Restaurants Ltd v Shirayama Shokusan Company Ltd [2024] EWHC 1133 (Ch) Mr Justice Edwin Johnson found that a company had misrepresented its intention at a trial which involved, essentially, the claimant’s right to a new tenancy of business…
A HANDY TIP FOR ANYONE GOING TO THE LEEDS BUSINESS AND PROPERTY COURT ON MONDAY: THEY HAVE MOVED…
HMCTS have sent out notice that from Monday 13 May 2024, the Business and Property Court in Leeds will being hearing cases at its new base in West Gate, Grace Street, Leeds. The fourth-floor suite houses four courtrooms and is…
COSTS – WHEN YOU SOMETIMES THINK THE WORLD HAS GONE MAD: SPEND £28,535 TO CHALLENGE AN ATE PREMIUM OF £392…
In Bendriss v Nicholson Jones Sutton Solicitors Ltd [2024] EWHC 1100 (SCCO) Costs Judge Rowley dismissed a claimant’s application for specific disclosure. One notable aspect of the application was that the claimant had spent £28,535 in respect of this one application in…
“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…
EVIDENCE OBTAINED BY TORTURE: THE JUDGMENT AT FIRST INSTANCE AND THE SUPREME COURT DECISION
The question of whether evidence obtained by torture in civil proceedings is one that, thankfully, rarely comes before the court. However it was an issue considered in the judgment of Mr Justice Knowles MBE In Shangang Shipping Company Ltd -v-…
IS A PARTY ENTITLED TO SEE THEIR OPPONENT’S CORRESPONDENCE WITH AN EXPERT LEADING UP TO THE JOINT MEETING? AN ISSUE THAT IS IMPORTANT – BUT UNDECIDED
In Frasers Group plc v Saxo Bank AS & Anor [2024] EWHC 188 (Comm) HHJ Pelling KC considered issues relating to whether a party’s correspondence with their expert leading up to the joint meeting of experts should be disclosed. The…
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…
REMISSION TO THE COUNTY COURT: WHAT DOES IT MEAN?
In Sherman & Anor v Reader Offers Ltd (Rev1) [2024] EWCA Civ 412 the Court of Appeal set out the limits that exist when a case is remitted to the county court for an assessment of damages following a successful…
WHEN THINGS GO WRONG IN LITIGATION: SOME KEY POINTS AND SOME USEFUL LINKS
Earlier today I gave a webinar on “What to do when things go wrong in litigation”, this was immediately before I went to court to argue a case which, among other things, related to extensions of time to serve the…
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…
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…
LAWYERS MUST LIKE LIVING DANGEROUSLY: APPLICATION MADE THREE MINUTES BEFORE DEADLINE: THE CLAIMANT SCRAPES HOME…
In Lloyds Developments Ltd v Accor HotelServices UK Ltd [2024] EWHC 941 (TCC) Mrs Justice Jefford considered a claimant’s application for an extension of time to comply with a peremptory order which was made 3 minutes prior to the time…
ATTEMPTS TO RE-OPEN ISSUES WHEN A DRAFT JUDGMENT IS SENT OUT: COURT OF APPEAL SAYS NOT AN INVITATION TO RE-ARGUE THE ISSUES
In Supponor Ltd & Anor v AIM Sport Development AG [2024] EWCA Civ 396 the Court of Appeal resisted attempts (by both parties) to re-open key issues after a draft judgment had been sent out. “The primary purpose of this…
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…
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