NO VARIATION TO COURT ORDER BECAUSE OF CORONOVIRUS: RESPONDENT DOES NOT GET TWO BITES OF THE CHERRY
It is likely that the Coronavirus epidemic is going to give rise to many issues in litigation. Some of them unusual and unprecedented. An example can be seen in the judgment today in Dinglis v Dinglis & Ors [2020] EWHC…
AUTOMATIC STAY OF POSSESSION HEARINGS APPLIES TO APPEALS: COURT OF APPEAL DECISION THIS MORNING
In London Borough of Hackney -v- Okoro [2020] EWCA Civ 681 the Court of Appeal found that the automatic stay on possession proceedings also applies to appeals against possession orders. THE CASE The Court of Appeal were asked…
COVID REPEATS 31: REPLIES AND DEFENCE TO COUNTERCLAIM: A PRIMER
Surprisingly this post about the basics of replies and counterclaims was the second most read post on this blog in 2017 (surprising because it was written in July 2016). It simply sets out the basic rules relating to filing a…
CIVIL UPDATE FOR NORTH AND WEST YORKSHIRE: UPDATED GUIDANCE FROM THE DESIGNATED CIVIL JUDGE
HHJ Gosnell has issued new guidance for civil courts in North and West Yorkshire. It is reproduced in full below. “Introduction The purpose of this document is to update you on events since my last update on 6th April…
HMCTS GUIDANCE “Keeping court and tribunal buildings safe, secure and clean”
HMCTS have recently updated their guidance about security, cleaning and social-distancing arrangements in court and tribunal buildings during the coronavirus (COVID-19) pandemic. Some of the guidance puts obligations on lawyers and court users. Having successfully avoided the pun for two…
CORONAVIRUS CATCH UP 1: DENTON AND RELIEF FROM SANCTIONS
I have, recently, been writing primarily about the impact of coronavirus on lawyers and civil procedure. Some cases in “mainstream” civil litigation have been overlooked. To prevent a “backlog” of cases here is a link to, and brief summary of,…
CIVIL PROCEDURE (NOT-CORONAVIRUS): BLOG AND ARTICLES ROUND UP – APRIL 2020
There is still plenty of non-covid work going on as evidenced by these links to posts and articles in April. Costs Costs Barrister Non party costs orders considered Costs Barrister Principle and non party costs orders Costs Barrister Non party costs orders…
CIVIL PROCEDURE (CORONAVIRUS): BLOG AND ARTICLES ROUND UP – APRIL 2020
We may not have been getting out much this month but there has been plenty of material on civil procedure, the courts and coronavirus. Courts Herbert Smith Freehills Courts relax rules on agreeing extensions to procedural deadlines in light of COVID-19…
REMOTE HEARINGS: CHILDREN CASES: GUIDANCE FROM THE COURT OF APPEAL
Civil litigators may well be able to gain some assistance from the guidance being given in children cases. The Court of Appeal gave judgment today in Re A (Children) (Remote Hearing: Care and Placement Orders). a-children-judgment-300420 [2020] EWCA Civ 583…
A DRAFT JUDGMENT IS NOT AN INVITATION TO TREAT: PARTIES SHOULD NOT ATTEMPT TO REOPEN THEIR CASE
In Michael Wilson & Partners Ltd v Sinclair & Anor (No. 2) [2020] EWHC 1017 (QB) Mr Justice Chamberlain added a postscript to the judgment about attempt to “re-open” draft judgments. “Professional lawyers ought to know that the circulation of…
PERSONAL INJURY LITIGATORS AND THE CORONAVIRUS (LIVE WEBINAR): 13th MAY 2020
On the 13th May I am giving a webinar looking at the practical implications for personal injury litigators of coronavirus and social isolation. This looks at the rule changes, relevant legislation, case law and guidance in relation to coronavirus. It…
A LIST OF PRACTICAL GUIDANCE CONCERNING THE OPERATIONS OF COURTS AND TRIBUNALS
There has been a whole host of information relating to the practical operation of courts and tribunals. I am grateful to the barristers at 4-5 Gray’s Inn Square for sending me details of their collection and collation of this material….
A HEARING THAT “COULD NOT BE CONDUCTED FAIRLY OR PROPERLY” WITHOUT A PHYSICAL PRESENCE IN THE COURTROOM: IDEA OF REMOTE TRIAL REFUSED
The judgment of Sir Andrew McFarlane in P (A Child: Remote Hearing), Re [2020] EWFC 32 shows that remote hearings are not suitable for every case. “It seems to me that to contemplate a remote hearing of issues such as…
ANOTHER DAY ANOTHER AMENDMENT TO THE PRACTICE DIRECTIONS: POSSESSION PROCEEDINGS
There have been amendments to Practice Direction 51Z. These provide exceptions to the total ban on possession proceedings. THE AMENDMENTS: 120th UPDATE – PRACTICE DIRECTION AMENDMENTS “The amendments to Practice Direction 51Z supplementing the Civil Procedure Rules 1998 are…
COVID-19 and Remote Court Arrangements: 30 tips for dealing with Virtual Hearings: GUEST POST FROM ANDREW KING
I am grateful to Andrew King from Lennons solicitors for allowing me to reproduce his article on dealing with virtual hearings. This was based on Andrew’s experience of being involved in a three day remote trial. As you can see…
HMCTS: UPDATED GUIDANCE ON TELEPHONE AND VIDEO HEARINGS DURING THE CORONAVIRUS OUTBREAK
HMCTS has updated its guidance on telephone and video hearings during the coronavirus outbreak. The guidance is available here. THE CONTENTS The decision to use telephone and video hearings Using existing technology and making new technology available The rules on…
REASONS TO BE PROUD OF OUR PROFESSION 1: THE APIL – FOIL BEST PRACTICE FOR MUTUAL CO-OPERATION
I have been looking for examples of good practice by the legal profession during the coronavirus crisis. A good place to start is the APIL/FOIL agreement on best practice. The agreement can be found on a link on the page…
COURT OF APPEAL HEAR CASE BY VIDEOCONFERENCING
Fairly soon, I am sure, the holding of hearings remotely will become such a commonplace that they will pass without comment. In the interim, however, it is worthwhile noting that the Court of Appeal heard an appeal on the 26th…
THE ROYAL COURTS OF JUSTICE FEES OFFICE CLOSED: EMAIL ADDRESSES TO CONTACT
A HCMTS notice states that the RCJ Fees Office is closed. It gives appropriate email addresses. The Royal Courts of Justice Fees Office will close to the public until further notice (1 April 2020). Court users are advised to contact…
Video: Creating and using electronic hearing bundles: St Philips Chambers
St Philips Chambers have kindly sent me a link to their video “Creating and using electronic hearing bundles” available here. https://youtu.be/WmUDC3i9aTw The video explains how to create and use an electronic trial or hearing bundle using Adobe Acrobat Pro…. Enjoying…
Contingency planning – courts and tribunals: Statement from the Lord Chief Justice and President of Tribunals
“Contingency planning – courts and tribunals 1. The COVID-19 pandemic and the rapid spread of the virus around the country presents an unprecedented challenge to all those involved in the administration of justice. 2. It is vital to maintain a…
INFORMATION FOR QUEEN’S BENCH COURT USERS QUEEN’S BENCH MASTERS HEARINGS AND QB ACTION DEPARTMENT
Further guidance has been issued by the Queens’ Bench Division in relation to hearings before QB Masters. CORONAVIRUS BULLETIN 2 “In the light of the developments of the last 48 hours, the situation has changed from the communication sent out…
REMOTE WORKING AND THE LITIGATOR 4: YOU CAN AGREE TO EXTEND TIME FOR SERVICE OF THE CLAIM FORM: BUT YOU HAVE TO BE CAREFUL
One question asked after I gave a webinar this morning was whether it is possible for the parties to agree an extension of time for service of the claim form. The brief answer is – yes it is. Care has…
THE EXPLANATORY NOTES TO THE CORONAVIRUS BILL: LIVE LINKS IN COURT PROCEEDINGS
The explanatory notes to the Coronavirus Bill have a detailed explanation of the plans for the expansion of live links in court proceedings, particularly criminal proceedings. Clause 51 and Schedule 22 Expansion of availability of live links in criminal proceedings…
PROTOCOL REGARDING REMOTE HEARINGS: OFFICIAL GUIDANCE
This Protocol was issued on the 20th March. Civil-court-guidance-on-how-to-conduct-remote-hearings CIVIL JUSTICE IN ENGLAND and WALES PROTOCOL REGARDING REMOTE HEARINGS 20 March 2020: for publication Introduction to this Protocol 1. The current pandemic necessitates the use of remote hearings where… Enjoying…
SPECIFIC GUIDANCE FOR FAMILY COURTS IN DORSET
HHJ Dancey, the Designated Family Judge for Dorset, has sent out a Local Practice Guidance on COVID-19. I am grateful to barrister Amanda Bancroft for sending it to me. It provides a template for working and supplements the President’s national…
UPDATE ON COVID-19 AND THE COURTS: GUIDANCE FROM THE LORD CHIEF JUSTICE
The Lord Chief Justice has today issued guidance today which makes it clear that remote hearings are now the default position. “The default position now in all jurisdictions must be that hearings should be conducted with one, more than one…
CORONAVIRUS – A USEFUL CASE: MASTER ALLOWS PARTY TO VARY DIRECTIONS BY CONSENT BY 56 DAYS
7BR’s website carries an interesting report from Adam Korn of a judgment today where Master Davison made an order extending the amount of time the parties can agree to vary directions. This was directly because of potential difficulties arising out…
CIVIL LITIGATION IN A TIME OF TOTAL UNCERTAINTY: 10 KEY POINTS ON DIFFICULTIES ARISING OUT OF THE CORONAVIRUS OUTBREAK
I cannot recall a time when matters were so rife with uncertainty. By request I have been asked to consider practical steps litigators can take. Equally significantly we have to consider what steps the courts, and the Rules Committee, should…
DEFENDANT’S PART 20 CLAIM AGAINST CLAIMANT’S WITNESSES STRUCK OUT: WITNESSES HAVE IMMUNITY (AND THIS HAS CONSEQUENCES…)
I am grateful to barrister David Green for supplying me with a note* of the judgment of HHJ Saggerson in Holley -v- Woodburn. HHJ Saggerson, Central London County Court). A copy of the judgment is available here C65YX969 Holley v…
ATTEMPTING TO APPEAL A FINDING OF FACT? SET THIS OUT EXPLICITLY IN THE NOTICE OF APPEAL: CLEAR GUIDANCE FROM THE COURT OF APPEAL
In Taylor v Rhino Overseas Inc. [2020] EWCA Civ 353 the Court of Appeal set out guidance for a party attempting to appeal a finding of fact. The fact that such an appeal is being made must be set out…
EARLY NEUTRAL EVALUATION BY THE COURTS: PRACTICAL GUIDANCE AS TO PROCEDURE AND IMPLEMENTATION
There is a short judgment of Master McCloud today in Telecom Centre (UK) Ltd v Thomas Sanderson Ltd (Early Neutral Evaluation) [2020] EWHC 368 (QB) which contains some important observations on the practical implementation of Early Neutral Evaluation by the…
ACCURATE TIME ESTIMATES: A ROUND UP OF THE CASES AND SOME GUIDANCE (IF YOU HAVE THE TIME TO READ IT…)
In Kazakhstan Kagazy Plc & Ors v Zhunus & Ors [2020] EWHC 128 (Comm) Mr Justice Andrew Baker made some observations about inadequate time estimates. This criticism was specifically about applications in the Commercial Court. However time estimates are an…
WITNESS STATEMENT SERVED 28 DAYS LATE: RELIEF FROM SANCTIONS REFUSED: ACTION STRUCK OUT: THE PERILS OF DELIBERATELY NOT COMPLYING WITH DIRECTIONS
I am grateful to barrister Andrew Worthley for drawing my attention to, and sending me a note of the decision in Syed -v- Shah [2020] 2 WLUK 15 where Trower J upheld a decision not to grant a claimant relief…
MARGARET THATCHER, BETAMAX VIDEOS, THE MACARENA AND CIVIL PROCEDURE (ECHOES OF COMPLAINTS FROM “DOWN UNDER”)
The judgment of Lord Justice Coulson in Lejonvarn v Burgess & Anor [2020] EWCA Civ 114 commenting on a case “with echoes of the bad old days” shares some sentiments with the judgment of Lee J in the Federal Court of…
JOINDER OF NEW PARTIES INTO EXISTING PROCEEDINGS 1: NOTIFY THE EXISTING PARTIES: THE RULES DON’T SAY SO BUT COMMON SENSE DOES
There are a few interesting procedural matters that flow from the decision of HHJ Kimbell QC (sitting as a High Court judge) in Molavi v Hibbert & Ors [2020] EWHC 121 (Ch). Here we look at the judge’s comments on…
APPLYING FOR AN ADJOURNMENT OF A TRIAL ON THE GROUNDS OF ILL HEALTH: A “CUT OUT AND KEEP” GUIDE TO THE AUTHORITIES
It is surprising how often searches that lead to this blog are questions about seeking adjournments on the grounds of ill health. This appears to be common issue. A useful “cut out and keep” summary of the relevant authorities can…
PLEADINGS: CLAIMANTS – TELL THE DEFENDANT THE CASE THAT IT IS GOING TO BE PUT AGAINST THEM
There are some interesting observations as to how a claimant should plead their case in the judgment in Walsh v CP Hart & Sons Ltd [2020] EWHC 37 (QB). “If, as in this case, the Claimant produces only at trial…
ARGUMENT THAT FIXED COSTS APPLIED GETS A BUMPY RIDE: PROTOCOL DOES NOT APPLY TO HIGHWAYS CASE
I am grateful to barrister James Bentley for drawing my attention to the judgment in Bateman v Devon County Council (HHJ Mitchell, Plymouth County Court, 2nd September 2019) in which it was decided that fixed costs did not apply to a…
CIVIL PROCEDURE BACK TO BASICS 77: THE COURT MUST KNOW HOW MUCH AN EXPERT WILL COST: CPR 35.4(2)
CPR 35.4(2) is often overlooked. This rule imposes a duty on a party applying for permission to rely on expert evidence to inform the court how much the expert is likely to cost. This is often clear at the costs…
11th HOUR APPLICATION TO INTRODUCE NEW WITNESS EVIDENCE (AND A NEW CASE) REFUSED
In Crumpler & Anor (Liquidators Of Peak Hotels And Resorts Ltd v Candey Limited [2019] EWHC 3558 (Ch) HHJ Davis-White QC (sitting as a High Court judge) refused a party relief from sanctions where witness statements were served late. The…
SERVICE OF THE CLAIM FORM ON A SOLICITOR (NOT THE FIRST TIME I’VE WRITTEN ABOUT THIS AND PROBABLY NOT THE LAST…)
Every so often, but sometimes I think not often enough, I write posts on the dangers relating to service of the claim form. Here is a quick reminder about the basic principles of serving on a solicitor. This post has…
PROVING THINGS 170: YOU CAN’T GIVE EVIDENCE BY WAY OF SUBMISSIONS (HONESTLY, YOU CAN’T)
One important aspect of the judgment in Bates & Ors v the Post Office Ltd (No 6: Horizon Issues) [2019] EWHC 3408 (QB) is the judge’s criticism of the defendant’s attempt to give “evidence” at the stage of closing submissions….
2019 AND CIVIL PROCEDURE – A ROUND UP OF THE ROUND UPS: WHAT TO FRET ABOUT AND WHAT NOT TO FRET ABOUT…
There have been a series of annual reviews on key topics throughout December. To round off the year it seemed a good idea to provide a reminder of them all and put the links in one place 2019 AND CIVIL…
2019 AND CIVIL PROCEDURE THE YEAR IN REVIEW: FACTS, FIGURES AND SEARCH TERMS: “CAN A DEAD PERSON BE TAKEN TO COURT?”
The statistics at the end of the year are always interesting (to me at least). The search terms that lead to this blog can be quite illuminating (and sometimes quite alarming…). MOST READ POSTS OF 2019 After seven years…
CIVIL PROCEDURE BACK TO BASICS 73: THE AUTOMATIC STAY
CPR 15,11(2) provides for an automatic stay if nothing happens in an action for six months after service. This is a rule that can be overlooked. THE RULE CPR rule 15.11. Sub-paragraph (1) of that rule provides that: “Where…
MAKING FINDINGS ON THE BASIS OF THE LIST OF DOCUMENTS ALONE: THE MACKENZIE PERPLEX
There is one aspect of the judgement in Mackenzie v Alcoa Manufacturing (Gb) Ltd [2019] EWCA Civ 2110 that requires a little more attention. That is is the question of how parties, faced with the absence of documents and where…
IS A CONDITIONAL FEE AGREEMENT A CONTENTIOUS BUSINESS AGREEMENT? WELL, IT DEPENDS… (& IT HAS CONSEQUENCES)
In Healys LLP v Partridge & Anor [2019] EWHC 2471 (Ch) Kelyn Bacon QC, sitting as a Deputy High Court Judge, considered the issue of whether a conditional fee agreement was a contentious business agreement. This has practical consequences in…
THE SELF INFLICTED WOUNDS OF A “TRUSTED BRAND”/”CAPRICIOUS MID-VICTORIAN FACTORY-OWNER”: THE DANGERS OF PUTTING YOUR CASE TOO HIGH
The judgment of Lord Justice Coulson rejecting the Post Office’s application for permission to appeal is available on “Post Office Trial”, a case that has already been looked at several times on this blog. Here we have a critical appraisal…
DEFENDANT’S APPLICATION FOR ADJOURNMENT OF TRIAL REFUSED: A PROBLEM OF THEIR OWN MAKING: THE TRIAL WILL GO AHEAD
There is an interesting summary of the decision in Mitchell -v- Precis 545 Ltd (15/11/2019) on Kings Chambers website. A report by my colleague Jeremy Roussak of a case where he represented the claimant and where HHJ Freedman refused a…
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