SERVICE OF THE CLAIM FORM: TWELVE THINGS YOU NEED TO KNOW TO AVOID “DICING WITH PROCEDURAL DEATH”
This is a periodic post (every 3 – 4 years or so) about issues relating to service of the claim form. It will be surprising if there are not cases (and subsequent blog posts) about service issues this year. There…
MR BATES AND THE POST OFFICE: LOOKING BACK TO THE CASE OF THE YEAR 2019
Yesterday I noticed that a post I had written in 2019 was suddenly gaining a lot of readers. I suspect that this was due to the power of television. Not that the blog was being advertised, but that the series…
CIVIL LITIGATION 2023: A BRIEF REVIEW
I am not sure whether the facts and figures from this site can show any major trends in civil litigation. Here is a quick look back at some numbers from 2023. MOST VIEWED POSTS: THE TOP 10 (to date)…
“SPEAKING NOTES” RARELY WELCOME BY THE COURTS: THE “SPECIAL CIRCLE OF HELL” RESERVED FOR SOME ADVOCATES…
There is an observation made in the final paragraph of the Privy Council judgment in Chang v The Hospital Administrator & Ors (Trinidad and Tobago) [2023] UKPC 44 that relates to “speaking notes”. They were, it seems, not altogether welcome. …
ISSUING ON BEHALF OF AN ESTATE WHEN THERE IS NO GRANT OF PROBATE: THE PROCEEDINGS WERE A NULLITY
The judgment of Master Brightwell in The Ali Abdullah Alesayi Will Establishment v Alesayi [2023] EWHC 3150 (Ch) provides a reminder of some important reminder of some important principles when issuing on behalf of the estate of a deceased person. …
WHEN A SKELETON ARGUMENT TRIES TO INTRODUCE EXPERT EVIDENCE: AN APPROACH DEPRECATED BY THE COURT
We have seen many examples of witness statements trying to give expert evidence on this blog. There have been posts about occasional attempts to deal with lacunas in evidence by introducing that evidence in written submissions. In Re C (‘parental…
SERVICE OF THE CLAIM FORM CASES: THE PAST 14 MONTHS: ANOTHER SEASON OF THE DREARY & UNLOVELY CROP OF PROCEDURAL SERVICE ISSUES: WEBINAR 5th FEBRUARY 2024
This year has seen a bumper number of reported cases on what Master McCloud has referred to as a “dry and unlovely crop of procedural service issues”. This webinar on the 5th February looks at the cases relating to the…
A KNOTTY PROBLEM: CAN THE COURT STAY PROCEEDINGS AND ORDER THE PARTIES TO ENGAGE IN ADR? YES IT CAN … BUT…
In Churchill v Merthyr Tydfil County Borough Council [2023] EWCA Civ 1416 the Court of Appeal considered the question of whether the courts can stay an action to, effectively, compel the parties to engage in ADR. It was held that…
HELP WITH COURT FEES: NEW FORMS AND NEW ELIGIBILITY CRITERIA: WHERE TO FIND THE NEW GUIDANCE AND FORMS
A reminder that the financial eligibility criteria for help with court fees was changed from the 27th November 2023. There are also new court forms designed to make the process (which can be somewhat tortuous) simpler. FROM THE GOVERNMENT PRESS…
THE NEED FOR COURT APPROVAL IN A FATAL ACCIDENT CASE INVOLVING CHILDREN: SUBSEQUENT ACTION FOR PERSONAL INJURY IS NOT AN ABUSE OF PROCESS
The judgment of Mr Justice Pepperall in Bayless & Ors v Norfolk and Norwich University Hospitals NHS Foundation Trust [2023] EWHC 2986 (KB) provides a warning, to both claimants and defendants, that offers under the Fatal Accidents Act, that involve…
RELIEF FROM SANCTIONS REFUSED WHEN THE COSTS BUDGET WAS SERVED LATE: BUDGETING AT TRIAL IS A FAIRLY HOPELESS TASK
There is much to learn from the decision of Mr Justice Ritchie in Tan v Idlbi & Anor [2023] EWHC 2840 (KB). The claimant was unsuccessful in an application for relief from sanctions following late service of the costs budget….
“PLEADINGS ARE INTENDED TO IDENTIFY THE ISSUES, NOT OBSCURE THEM”: COMMENTS ON STATEMENTS OF CASE: THEY SHOULD PROVIDE LIGHT NOT DARKNESS
There have been a number of cases recently where judges have commented on the state of the pleadings. We see observations being made by Mr Justice Ritchie in the decision today in DMH Electrical (UK) Ltd v MK City Group…
COST BITES 117: THE COURT CAN ORDER A PAYMENT ON ACCOUNT OF COSTS WHERE THE SCHEDULE IS HIGH BUT NOT EXCESSIVE
In South Tees Development Corporation & Anor v PD Teesport Ltd & Anor (Re Costs) [2023] EWHC 2270 (Ch) Mr Justice Trower rejected an argument that a payment of account should not be made because the schedule in support was…
COST BITES 115: LOOKING AT DETAILED ASSESSMENTS (4): COSTS OF RESEARCH, NOTING BRIEFS AND PHOTOCOPYING
We are continuing with the series looking at detailed assessments by returning (not for the first, nor last) time to the judgment of Costs Judge Leonard in Allseas Group SA, R (On the Application Of) v Sultana [2023] EWHC 2731 (SCCO). The…
“RELIEF FROM SANCTIONS” NOT REQUIRED: COURT OF APPEAL CONSIDER WHEN CPR 3.9 CRITERIA APPLY: ITS NOT ALWAYS PLANE SAILING…
In Lufthansa Technik AG v Panasonic Avionics Corporation & Ors [2023] EWCA Civ 1273 the Court of Appeal addressed the difficult issue of when a breach led to a need to apply from relief from sanctions. It found that, on…
INTERIM PAYMENTS ON ACCOUNT OF COSTS: RECEIVING PARTY CAN ASK (AND RECEIVE) MORE THAN ONCE
I am grateful to Sam Hayman from Bolt Burdon for sending me a note of the judgment of Master MaCloud in Trotman -v- Master Brickwork London Essex Limited, a copy of which is available here. Trotman – final judgment of…
A SECOND ACTION ON A DIFFERENT ISSUE TO THE FIRST SHOULD NOT HAVE BEEN STRUCK OUT: COURT OF APPEAL NOT TOO KEEN ON “SHADOW BOXING” IN CIVIL LITIGATION
In Orji & Anor v Nagra & Anor [2023] EWCA Civ 1289 the Court of Appeal overturned a decision that an action should be struck out as an abuse of process. The Court rejected the defendant’s contention that the action…
LITIGATORS: IF YOU DON’T PAY YOUR EXPERTS AND THEY ARE NOT COMING TO TRIAL, DON’T BE SURPRISED IF YOUR ACTION FAILS
The judgment of Mr Justice Freedman in Doyle v HDI Global Specialty SE [2023] EWHC 2722 (KB) shows a surprising set of facts when an expert wrote directly to the court. The expert made it clear that he was not…
WEBINARS ON DAMAGES IN 2024: SOMETHING TO WARM UP THE WINTER DAYS EARLY IN THE NEW YEAR…
Early next year I am presenting a series of eight webinars on personal injury damages. The series looks at the major heads of damages for personal injury and clinical negligence cases, with a particular emphasis on those claims in the…
WINDING UP PETITION NEEDS TO BE ISSUED IN LOCAL COURT: TYNE FOR PETITIONERS TO CHANGE THEIR PRACTICES
In The One Collection Real Estate Ltd v Insolvency & Law Ltd [2023] EWHC 2673 (Ch). HHJ Kramer held that a winding up petition should be issued and heard in the circuit that has closest links to the case. A block policy…