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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers, Leeds, Manchester & Birmingham. 4-5 Gray's Inn Square, London.
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THE CORRECT PROCEDURE IF A PARTY WANTS TO ATTEMPT TO RELY ON "WITHOUT PREJUDICE" DOCUMENTS: THE EXCEPTIONS TO THE WP RULE CONSIDERED

THE CORRECT PROCEDURE IF A PARTY WANTS TO ATTEMPT TO RELY ON “WITHOUT PREJUDICE” DOCUMENTS: THE EXCEPTIONS TO THE WP RULE CONSIDERED

June 12, 2025 · by gexall · in Applications, Civil evidence, Civil Procedure, Conduct, Members Content

We are looking at a judgment from today which considers the “without prejudice” rule in some detail. In particular the steps a party should take if it wishes to argue that it should be able to rely on without prejudice…

APPLICATION FOR PRE-ACTION DISCLOSURE AGAINST A GOLF CLUB GETS A FAIRWAY: THERE MAY BE NO NEED TO TEE OFF: THIS COULD WELL AVOID PROCEEDINGS

APPLICATION FOR PRE-ACTION DISCLOSURE AGAINST A GOLF CLUB GETS A FAIRWAY: THERE MAY BE NO NEED TO TEE OFF: THIS COULD WELL AVOID PROCEEDINGS

December 12, 2024 · by gexall · in Civil Procedure, Disclosure, Members Content

In Dennis & Ors v Queenwood Golf Club Ltd [2024] EWHC 3191 (Ch) Mr Justice Miles granted pre-action disclosure of some of the documents sought by the claimants.  What is noticeable in the judgment in the judge’s view that early…

BOTH THE GENERAL DENTAL COUNCIL AND STOCKPORT BOROUGH COUNCIL IN CONTEMPT OF COURT: THE UNLAWFUL DISCLOSURE OF DOCUMENTS CONSIDERED

BOTH THE GENERAL DENTAL COUNCIL AND STOCKPORT BOROUGH COUNCIL IN CONTEMPT OF COURT: THE UNLAWFUL DISCLOSURE OF DOCUMENTS CONSIDERED

November 28, 2024 · by gexall · in Abuse of Process, Applications, Disclosure, Members Content

In General Dental Council v KK & Anor [2024] EWHC 3053 (Fam) Mrs Justice Knowles considered a case where documents in the family court had been unlawfully disclosed to the General Dental Council.  The judge commented that there had been…

FAILURE TO SERVE A NOTICE OF NON-ADMISSION UNDER CPR 32.19: WHAT ARE THE PRACTICAL CONSEQUENCES?

FAILURE TO SERVE A NOTICE OF NON-ADMISSION UNDER CPR 32.19: WHAT ARE THE PRACTICAL CONSEQUENCES?

September 17, 2024 · by gexall · in Civil evidence, Civil Procedure, Disclosure, Members Content

There is much for practitioners to read in the judgment of HHJ Paul Matthews in Taylor v Savik & Anor [2024] EWCC 7. However I want to isolate out the judge’s observations on CPR r.32.19. In particular the question of…

CLINICAL NEGLIGENCE, EVIDENCE AND DISCLOSURE: WHEN THE JUDGE FINDS THAT THE MEDICAL NOTES ARE NOT ACCURATE: “A CONTRIVED AND FALSE PIECE OF EVIDENCE”

July 18, 2024 · by gexall · in Civil evidence, Clinical Negligence, Disclosure, Members Content

In Biggadike v El Farra & Anor [2024] EWHC 1688 (KB) HHJ Carmel Wall (sitting as a High Court Judge) found that annotations made to medical records were not, in fact, contemporaneous.  She rejected the second defendant’s evidence based on…

COSTS - WHEN YOU SOMETIMES THINK THE WORLD HAS GONE MAD: SPEND £28,535 TO CHALLENGE AN ATE PREMIUM OF £392...

COSTS – WHEN YOU SOMETIMES THINK THE WORLD HAS GONE MAD: SPEND £28,535 TO CHALLENGE AN ATE PREMIUM OF £392…

May 10, 2024 · by gexall · in Applications, Assessment of Costs, Civil evidence, Costs, Members Content

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

“GOOGLESPOOFING” AND THIRD PARTY DISCLOSURE: DEFENDANT FAILS TO PERSUADE THE COURT THAT RECORDINGS ARE NECESSARY

May 8, 2024 · by gexall · in Appeals, Applications, Civil evidence, Civil Procedure, Disclosure, Members Content

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…

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

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

May 7, 2024 · by gexall · in Applications, Case Management, Civil evidence, Disclosure, Expert evidence, Experts, Members Content

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…

DEFENDANT FAILS TO GIVE FULL DISCLOSURE: PEREMPTORY ORDER MADE AND BREACHED: APPLICATION FOR RELIEF FROM SANCTIONS FAILED: APPEAL UNSUCCESSFUL

DEFENDANT FAILS TO GIVE FULL DISCLOSURE: PEREMPTORY ORDER MADE AND BREACHED: APPLICATION FOR RELIEF FROM SANCTIONS FAILED: APPEAL UNSUCCESSFUL

March 25, 2024 · by gexall · in Appeals, Applications, Disclosure, Members Content, Relief from sanctions

In Winchester Park Ltd v 1 Palace Gate Freehold Ltd [2024] EWHC 661 (Ch) Mr Justice Adam Johnson dismissed a defendant’s appeal on the issue of relief from sanctions. He held that the judge below was entitled to refuse to…

COURT ORDERS DISCLOSURE AGAINST HEALTHCARE SAFETY INVESTIGATION BOARD

COURT ORDERS DISCLOSURE AGAINST HEALTHCARE SAFETY INVESTIGATION BOARD

February 26, 2024 · by gexall · in Clinical Negligence, Disclosure, Members Content, Uncategorized

In Turner & Anor Sheffield Teaching Hospital NHS Foundation Trust & Anor [2023] EWHC 3452 (KB) Master Brown allowed an application by the claimant for disclosure of statements made to the Healthcare Investigation Board. “A trial judge faced with deciding…

THIS WAS NOT AN APPROPRIATE CASE TO ADD A PENAL NOTICE TO AN ORDER: COURT WILL DETERMINE THE SUBSTANTIVE DISPUTE INSTEAD

THIS WAS NOT AN APPROPRIATE CASE TO ADD A PENAL NOTICE TO AN ORDER: COURT WILL DETERMINE THE SUBSTANTIVE DISPUTE INSTEAD

February 7, 2024 · by gexall · in Applications, Civil Procedure, Disclosure, Members Content

In Wintermute Trading Ltd v Terraform Labs Pte Ltd [2024] EWHC 141 (KB) Mr Justice Lavender considered whether it was appropriate, on the facts of this case, to add a penal notice to an order for disclosure. He held that…

CLAIMANT HAD NOT BREACHED THEIR DUTY OF DISCLOSURE: A PARTY DOES NOT HAVE "CONTROL" OF THEIR PARTNER'S FINANCIAL DOCUMENTS

CLAIMANT HAD NOT BREACHED THEIR DUTY OF DISCLOSURE: A PARTY DOES NOT HAVE “CONTROL” OF THEIR PARTNER’S FINANCIAL DOCUMENTS

September 28, 2023 · by gexall · in Applications, Disclosure, Members Content

The judgment of Mr Justice Julian Knowles in Morgan-Rowe v Woodgate [2023] EWHC 2375 (KB) makes some important points about the duty of disclosure.  A party giving disclosure doesn’t have to disclose details of their spouses’/partners accounts. “A married couple…

PROVING THINGS 230: WATCH THE METADATA: IF THERE ARE DIFFERENT DATES THEN THIS REQUIRES AN EXPLANATION

PROVING THINGS 230: WATCH THE METADATA: IF THERE ARE DIFFERENT DATES THEN THIS REQUIRES AN EXPLANATION

July 3, 2023 · by gexall · in Civil evidence, Disclosure, Members Content

In Adams & Ors v FS Capital Ltd & Ors [2023] EWHC 1649 (Ch) Mr Justice Edwin Johnson commented on the difficulties caused by the defendants’ failure to establish why the metadata for documents was different to the dates shown…

PROVING THINGS 228: INADEQUATE DISCLOSURE AND WITNESS STATEMENTS "IN ALMOST IDENTICAL FORMAT" FAIL TO BRING HOME THE DOUGH

PROVING THINGS 228: INADEQUATE DISCLOSURE AND WITNESS STATEMENTS “IN ALMOST IDENTICAL FORMAT” FAIL TO BRING HOME THE DOUGH

June 26, 2023 · by gexall · in Civil evidence, Disclosure, Members Content, Witness statements

The judgment of Lionel Persey KC (sitting as a Judge of the High Court) in Finsbury Food Group Plc v Axis Corporate Capital UK Ltd [2023] EWHC 1559 (Comm) shows some significant issues in relation to the evidence presented in…

COST BITES 85: JUDGE HAD THE POWER TO MAKE COSTS ORDER WHICH INCLUDED COSTS OF APPLICATIONS AGAINST NON-PARTY

COST BITES 85: JUDGE HAD THE POWER TO MAKE COSTS ORDER WHICH INCLUDED COSTS OF APPLICATIONS AGAINST NON-PARTY

May 26, 2023 · by gexall · in Appeals, Costs, Disclosure, Members Content

In McCarthy v Jones & Anor [2023] EWCA Civ 589 the Court of Appeal refused an appeal against a decision that an unsuccessful party pay the costs involved in applications against a non-party.  The trial judge had a discretion to…

COURT REFUSES TO GRANT RESTRICTIONS ON CLAIMANT'S ACCESS TO FORMER SOLICITOR'S FILE: NOT A CASE OF LIEN ON ME

COURT REFUSES TO GRANT RESTRICTIONS ON CLAIMANT’S ACCESS TO FORMER SOLICITOR’S FILE: NOT A CASE OF LIEN ON ME

September 6, 2022 · by gexall · in Applications, Civil Procedure, Disclosure, Members Content, Personal Injury

In Ellis v John Hodge Solicitors (a firm) [2022] EWHC 2284 (Comm) His Honour Judge Pearce refused to place any restrictions on the disclosure of a litigation file to the claimant.  The claimant was bringing an action alleging professional negligence…

"MISSING" WHATSAPP POSTS AND A PHONE LOST AT SEA: WHAT INFERENCES WOULD THE COURT DRAW?

“MISSING” WHATSAPP POSTS AND A PHONE LOST AT SEA: WHAT INFERENCES WOULD THE COURT DRAW?

August 3, 2022 · by gexall · in Civil evidence, Disclosure, Members Content

The facts in Vardy v Rooney [2022] EWHC 2017 (QB) are well known and have received wide publicity.  Here we look solely at the evidential issues relating to the “missing” evidence. In particular the amount of WhatsApp material that went…

MAKING AN APPLICATION FOR PRE-ACTION DISCLOSURE, AFTER THE ACTION IS STARTED: THE CLAIMANTS HAVE FIVE PROBLEMS

MAKING AN APPLICATION FOR PRE-ACTION DISCLOSURE, AFTER THE ACTION IS STARTED: THE CLAIMANTS HAVE FIVE PROBLEMS

June 6, 2022 · by gexall · in Applications, Disclosure, Members Content

The judgment of Senior Master Fontaine in Hart & Ors v Royal Borough of Kensington And Chelsea & Ors [2022] EWHC 1090 (QB) highlights the need for applications for disclosure to be made with some considerable focus.  The court cannot…

WHEN A DEFENDANT FAILS TO PRESERVE DATA ON SURVILLANCE EVIDENCE IT IS IN BREACH AND THE COURT REQUIRES AN EXPLANATION

WHEN A DEFENDANT FAILS TO PRESERVE DATA ON SURVILLANCE EVIDENCE IT IS IN BREACH AND THE COURT REQUIRES AN EXPLANATION

March 6, 2022 · by gexall · in Civil evidence, Civil Procedure, Disclosure, Members Content

An earlier post looked at the judgment of HHJ Walden-Smith in Stannard -v- Euro Garages Ltd [2022] EW Misc 3 (CC). There is another aspect of that judgment which is of interest.  The defendant were relying on surveillance evidence.  However the…

LITIGATION PRIVILEGE: WHEN DOES IT START? HOW DOES THE COURT DEAL WITH ISSUES ARISING? A HIGH COURT CASE

LITIGATION PRIVILEGE: WHEN DOES IT START? HOW DOES THE COURT DEAL WITH ISSUES ARISING? A HIGH COURT CASE

February 23, 2022 · by gexall · in Civil evidence, Disclosure, Members Content

It is difficult to envisage a more apposite tribunal than Charles Hollander QC when matters relating to documentary evidence are in issue.  This makes the reading of the decision in Kyla Shipping Co Ltd & Anor v Freight Trading Ltd…

WHEN WECHAT MESSAGES ARE LOST OR DESTROYED - BY A TWO YEAR OLD: THE ADVERSE INFERENCES A COURT CAN DRAW

WHEN WECHAT MESSAGES ARE LOST OR DESTROYED – BY A TWO YEAR OLD: THE ADVERSE INFERENCES A COURT CAN DRAW

February 16, 2022 · by gexall · in Conduct, Disclosure, Members Content

In ED & F Man Capital Markets Ltd v Come Harvest Holdings Ltd & Ors [2022] EWHC 229 (Comm) Mr Justice Calver considered a case where Wechat messages had been “lost”. The judge concluded that the “loss” was deliberate and…

OH WHY ED SHEERAN CAN'T USE A STAND IN:  DISCLOSURE AND THE DUTY TO SEARCH: THE SHAPE OF THINGS

OH WHY ED SHEERAN CAN’T USE A STAND IN: DISCLOSURE AND THE DUTY TO SEARCH: THE SHAPE OF THINGS

February 8, 2022 · by gexall · in Case Management, Civil evidence, Civil Procedure, Disclosure, Members Content

In Sheeran & Ors v Chokri & Ors [2021] EWHC 3553 (Ch) Mr Justice Meade set out some of the duties owed by a litigant in relation to the disclosure process. “… Mr Sheeran’s manager undertook the disclosure exercise on…

JUDGES REFUSES TO GRANT RELIEF FROM SANCTIONS FOR DEFENDANTS WHO HAD "BURIED THEIR HEADS IN THE SAND"

JUDGES REFUSES TO GRANT RELIEF FROM SANCTIONS FOR DEFENDANTS WHO HAD “BURIED THEIR HEADS IN THE SAND”

January 13, 2022 · by gexall · in Disclosure, Members Content, Relief from sanctions

In Vitrition UK Ltd v Caine & Ors [2022] EWHC 51 (Comm) HHJ Davis-White QC, sitting as a judge of the High Court, refused the defendants application for relief from sanctions following their failure to comply with an unless order…

SOCIAL MEDIA AND DISCLOSURE:  A REMINDER OF THE SOLICITOR'S DUTIES

SOCIAL MEDIA AND DISCLOSURE: A REMINDER OF THE SOLICITOR’S DUTIES

December 3, 2021 · by gexall · in Applications, Clinical Negligence, Disclosure, Members Content

The short judgment of Mr Justice Martin Spencer in Lock v Ravi-Shankar [2021] EWHC 3247 (QB) highlights a number of important issues in relation to the solicitor’s duty, disclosure and social media in particular. “It is necessary for solicitors to…

THE SOLICITOR, SOCIAL MEDIA AND THE DUTY TO DISCLOSE: WHEN A SOLICITOR ADVISES THAT DOCUMENTS BE DELETED OR HIDDEN...

THE SOLICITOR, SOCIAL MEDIA AND THE DUTY TO DISCLOSE: WHEN A SOLICITOR ADVISES THAT DOCUMENTS BE DELETED OR HIDDEN…

November 14, 2021 · by gexall · in Conduct, Disclosure, Members Content, Wasted Costs, Webinar

There is an interesting/alarming report of an (unnamed) case on Kennedy’s website here, as part of a general discussion about wasted costs.  Discussing issues relating to fundamental dishonesty there is an account of a recent case where a claim had…

WHEN THE DEFENDANT DESTROYS DOCUMENTS AFTER BEING NOTIFIED OF A CLAIM: A "BOMBSHELL" FOLLOWED BY "RADIO SILENCE": HIGH COURT DECISION

WHEN THE DEFENDANT DESTROYS DOCUMENTS AFTER BEING NOTIFIED OF A CLAIM: A “BOMBSHELL” FOLLOWED BY “RADIO SILENCE”: HIGH COURT DECISION

November 4, 2021 · by gexall · in Civil evidence, Disclosure, Members Content

I am grateful to solicitor Thomas Jervis from Leigh Day for bringing my attention to the judgment of Mr Justice Martin Spencer in Ayannuga & Ors v One Shot Products Ltd [2021] EWHC 2930 (QB).  The judge was considering the…

DISCLOSURE AND DOCUMENTARY EVIDENCE:  WEBINAR 19th NOVEMBER 2021

DISCLOSURE AND DOCUMENTARY EVIDENCE: WEBINAR 19th NOVEMBER 2021

November 3, 2021 · by gexall · in Disclosure, Members Content, Webinar

There are many cases on disclosure on this blog. Almost invariably these involve something going wrong. For example in Haider v DSM Demolition Ltd [2019] EWHC 2712 (QB) the court, on appeal, found that a claimant had been fundamentally honest…

PRE-ACTION DISCLOSURE CANNOT BE A FISHING EXPEDITION: A JUDGE WILL NOT DO THE PRUNING FOR AN APPLICANT

PRE-ACTION DISCLOSURE CANNOT BE A FISHING EXPEDITION: A JUDGE WILL NOT DO THE PRUNING FOR AN APPLICANT

September 28, 2021 · by gexall · in Applications, Disclosure, Members Content

The judgment of Deputy Master Brightwell in Willow Sports Ltd v Sportslocker24.com Ltd & Anor [2021] EWHC 2524 (Ch) is a reminder of how difficult it can be to obtain pre-action disclosure, particularly in commercial cases. It is also a…

SERIES OF WEBINARS ON CIVIL EVIDENCE: COMING TO YOUR SCREENS SOON

SERIES OF WEBINARS ON CIVIL EVIDENCE: COMING TO YOUR SCREENS SOON

September 15, 2021 · by gexall · in Civil evidence, Disclosure, Expert evidence, Members Content, Webinar

Now that the nights are drawing in people’s thoughts will, almost invariably, be drawn towards matters of civil evidence and the need to prove things. To cater for this I am presenting six webinars , covering key aspects of civil…

PROVING THINGS 214: SONGWRITING, COPYING AND DISCLOSURE: GIVE THEM A MINIM AND THEY'LL TAKE A MILE

PROVING THINGS 214: SONGWRITING, COPYING AND DISCLOSURE: GIVE THEM A MINIM AND THEY’LL TAKE A MILE

August 11, 2021 · by gexall · in Civil evidence, Disclosure, Members Content

An interesting issue as to proof and evidence arose in the decision of Mr Justice Zacaroli in Smith v Dryden & Ors [2021] EWHC 2277 (IPEC).  The claimant failed to establish that a song had been “copied”.  There are also…

IF YOU HAVE GOT ISSUES WITH DISCLOSURE YOU SHOULD HAVE SORTED THESE OUT WELL BEFORE TRIAL: HIGH COURT JUDGMENT

IF YOU HAVE GOT ISSUES WITH DISCLOSURE YOU SHOULD HAVE SORTED THESE OUT WELL BEFORE TRIAL: HIGH COURT JUDGMENT

June 24, 2021 · by gexall · in Civil evidence, Civil Procedure, Disclosure, Fatal Accidents, Members Content

The judgment of Mr Justice Martin Spencer in Chouza v Martins & Ors [2021] EWHC 1669 (QB) contains much of interest and importance to anyone involved in fatal accident litigation. Indeed I will be writing a series of posts on…

JOURNALIST ALLOWED TO VIEW DOCUMENTS REFERRED TO IN COURT JUDGMENT SIX YEARS AGO: CPR 5.4C CONSIDERED

JOURNALIST ALLOWED TO VIEW DOCUMENTS REFERRED TO IN COURT JUDGMENT SIX YEARS AGO: CPR 5.4C CONSIDERED

May 11, 2021 · by gexall · in Civil evidence, Civil Procedure, Disclosure, Members Content

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…

THE DISCLOSURE PILOT SCHEME AND COSTS BUDGETING: YOU CAN AGREE TO DEFER BUDGETING OF THE DISCLOSURE PHASE

THE DISCLOSURE PILOT SCHEME AND COSTS BUDGETING: YOU CAN AGREE TO DEFER BUDGETING OF THE DISCLOSURE PHASE

May 10, 2021 · by gexall · in Civil Procedure, Disclosure, Members Content, Webinar

In  Persimmon Homes Ltd & Anor v Osborne Clark LLP & Anor [2021] EWHC 831 (Ch) Master Kaye pointed out that the Disclosure Pilot for the Business and Property Courts allows the parties to agreed to defer budgeting of the…

A SCHEME SETTING UP COMPENSATION FOR VICTIMS IS NOT SUBJECT TO WITHOUT PREJUDICE PRIVILEGE

A SCHEME SETTING UP COMPENSATION FOR VICTIMS IS NOT SUBJECT TO WITHOUT PREJUDICE PRIVILEGE

May 6, 2021 · by gexall · in Civil evidence, Disclosure, Members Content

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…

CASES WHERE JUDGES GOT TO READ THINGS THAT LAWYERS WISH THEY HAD NEVER WRITTEN

CASES WHERE JUDGES GOT TO READ THINGS THAT LAWYERS WISH THEY HAD NEVER WRITTEN

April 25, 2021 · by gexall · in Civil evidence, Conduct, Disclosure, Members Content

The earlier post about judges reading information about lawyers online has given rise to a lot of comments and commentary.  There are occasions when judges, as part of their job, get to read things that lawyers wish they had never…

A SWORN STATEMENT IN RELATION TO DISCLOSURE IS NOT CONCLUSIVE

A SWORN STATEMENT IN RELATION TO DISCLOSURE IS NOT CONCLUSIVE

April 19, 2021 · by gexall · in Applications, Civil evidence, Disclosure, Members Content

In Berkeley Square Holdings Ltd & Ors v Lancer Property Asset Management Ltd & Ors [2021] EWHC 849 (Ch) Mr Robin Vos (sitting as a judge of the Chancery Division)  held that a sworn statement as to disclosure is not…

WHEN COUNSEL’S ADVICE WAS ALTERED (WITHOUT COUNSEL’S CONSENT): CAVEATS REMOVED BEFORE BEING SHOWN TO INTERESTED PARTIES

April 6, 2021 · by gexall · in Civil evidence, Civil Procedure, Disclosure, Members Content

Someone reading counsel’s advice would normally assume that they were reading all of it.  There is a danger (I have not seen before) of advices being altered before being passed on.  In Equitable Law Capital, Re [2021] EWHC 763 (Ch)…

DEFENDANT GIVEN PERMISSION TO RELY ON WITNESS STATEMENTS THAT THE CLAIMANT DISCLOSED BY MISTAKE: HIGH COURT RULING

DEFENDANT GIVEN PERMISSION TO RELY ON WITNESS STATEMENTS THAT THE CLAIMANT DISCLOSED BY MISTAKE: HIGH COURT RULING

March 19, 2021 · by gexall · in Disclosure, Members Content, Witness statements

In  Barclay-Watt & Ors v Alpha Panareti Public Ltd & Ors [2021] EWHC 642 (Comm) Sir Michael Burton (sitting as a High Court Judge) granted a defendants’ application to rely on witness statements mistakenly disclosed by the claimant.   “The…

DELIBERATELY DESTROYED DOCUMENTS IN LITIGATION, ADVERSE INFERENCES AND... REINDEERS

DELIBERATELY DESTROYED DOCUMENTS IN LITIGATION, ADVERSE INFERENCES AND… REINDEERS

February 9, 2021 · by gexall · in Civil evidence, Conduct, Disclosure, Members Content

In  the judgment today in Active Media Services Inc v Burmester, Duncker & Joly GmbH & Co Kg & Ors [2021] EWHC 232 (Comm)  Mr Justice Calver considered the inferences that should be drawn when he found that a party…

INEFFECTIVE REDACTION IN DISCLOSED DOCUMENTS: A WARNING TO ALL LITIGATORS (AND LOCAL AUTHORITIES...)

INEFFECTIVE REDACTION IN DISCLOSED DOCUMENTS: A WARNING TO ALL LITIGATORS (AND LOCAL AUTHORITIES…)

February 5, 2021 · by gexall · in Applications, Avoiding negligence claims, Civil evidence, Disclosure, Members Content

Sometimes documents can be redacted.  The judgment of Mr Justice Pepperall in London Borough of Lambeth v AM (Judgment No. 2) [2021] EWHC 186 (QB) shows that great care must be taken in “redacted” documents provided electronically. THE CASE The…

PROVING THINGS 198: "NOT RELIABLE EVIDENCE": THOSE EMAILS MAY NOT BE ALL THEY SEEM

PROVING THINGS 198: “NOT RELIABLE EVIDENCE”: THOSE EMAILS MAY NOT BE ALL THEY SEEM

January 13, 2021 · by gexall · in Civil evidence, Disclosure, Members Content

In  Richards v Harvey [2021] EWHC 21 (Ch) HHJ Cooke, doubted the authenticity of emails relied upon by the claimant. It is a reminder of the importance of a notice to prove.   “This document is not reliable evidence of…

THE APPROACH OF THE COURT AT TRIAL WHEN A PARTY HAS NOT GIVEN DISCLOSURE: THE BENEFIT OF DOUBT IS AGAINST THEM

THE APPROACH OF THE COURT AT TRIAL WHEN A PARTY HAS NOT GIVEN DISCLOSURE: THE BENEFIT OF DOUBT IS AGAINST THEM

November 6, 2020 · by gexall · in Civil evidence, Civil Procedure, Disclosure, Members Content, Sanctions

In Aegean Baltic Bank SA v Renzlor Shipping Ltd [2020] EWHC 2851 (Comm) Mr Adrian Beltrami QC (sitting as a Judge of the High Court) considered the appropriate approach at trial when a party has been debarred from calling evidence….

CHALLENGING THE AUTHENTICITY OF DOCUMENTS: A REMINDER OF THE BASIC RULES: IF YOU DON'T DISPUTE YOU ARE DEEMED TO ADMIT AUTHENTICITY

CHALLENGING THE AUTHENTICITY OF DOCUMENTS: A REMINDER OF THE BASIC RULES: IF YOU DON’T DISPUTE YOU ARE DEEMED TO ADMIT AUTHENTICITY

September 1, 2020 · by gexall · in Civil evidence, Civil Procedure, Disclosure, Members Content

Earlier posts have looked at the importance of serving a notice of non-admittance  of  the authenticity of documents promptly.  Here we look at the basics of the rule. Put bluntly if you do not serve a notice that you wish…

RELIEF FROM SANCTIONS GRANTED FOLLOWING FAILURES ON DISCLOSURE: THE  DEPP TRIAL IS BACK AFLOAT

RELIEF FROM SANCTIONS GRANTED FOLLOWING FAILURES ON DISCLOSURE: THE DEPP TRIAL IS BACK AFLOAT

July 2, 2020 · by gexall · in Applications, Disclosure, Members Content, Relief from sanctions, Sanctions

Last week I wrote on the latest episode of the Depp case.  Mr Justice Nicol held that there had been a failure to comply with a peremptory order on disclosure and the Mr Depp’s case stood struck out.  Today it…

DEPP, DISCLOSURE, TEXT & TESTS: CASE STRUCK OUT BECAUSE OF FAILURE TO COMPLY WITH PEREMPTORY ORDER : CLAIMANT'S CASE NOW ALL AT SEA

DEPP, DISCLOSURE, TEXT & TESTS: CASE STRUCK OUT BECAUSE OF FAILURE TO COMPLY WITH PEREMPTORY ORDER : CLAIMANT’S CASE NOW ALL AT SEA

June 29, 2020 · by gexall · in Applications, Civil evidence, Disclosure, Members Content, Relief from sanctions

In Depp v News Group Newspapers Ltd & Anor [2020] EWHC 1689 (QB) Mr Justice Nicol held that the claimant’s case stood struck out because of a failure to give disclosure.  There are important observations about the scope of disclosure….

THE SOLICITOR'S DUTY TO REVIEW THE DOCUMENTS IN LITIGATION: AN INTERESTING POSTSCRIPT

THE SOLICITOR’S DUTY TO REVIEW THE DOCUMENTS IN LITIGATION: AN INTERESTING POSTSCRIPT

April 28, 2020 · by gexall · in Civil evidence, Civil Procedure, Disclosure, Members Content

There is an interesting postcript to the judgment of  Jon Turner Q.C. (sitting as a Deputy High Court Judge) in Square Global Ltd v Leonard [2020] EWHC 1008 (QB. “It is fundamental that the client must not make the selection…

DEFENCE STRUCK OUT FOLLOWING FAILURE TO GIVE FULL DISCLOSURE: SEVERE SANCTION WAS NOT DISPROPORTIONATE

DEFENCE STRUCK OUT FOLLOWING FAILURE TO GIVE FULL DISCLOSURE: SEVERE SANCTION WAS NOT DISPROPORTIONATE

March 13, 2020 · by gexall · in Applications, Disclosure, Members Content, Relief from sanctions, Striking out

In MKG Convenience Ltd, Re [2020] EWHC 547 (Ch) HHJ David Cooke refused the defendants’ application for relief from sanctions following a failure to comply with a peremptory order in relation to disclosure.   The sanction was severe, however the circumstances…

THE DISCLOSURE PILOT: GUIDANCE GIVEN AS TO HOW IT SHOULD WORK: NOT A STICK WITH WHICH TO BEAT YOUR OPPONENT

THE DISCLOSURE PILOT: GUIDANCE GIVEN AS TO HOW IT SHOULD WORK: NOT A STICK WITH WHICH TO BEAT YOUR OPPONENT

February 16, 2020 · by gexall · in Civil evidence, Disclosure, Members Content

There are two recent cases where the disclosure pilot is considered in detail.  In McParland & Partners Ltd & Anor v Whitehead [2020] EWHC 298 (Ch)  Sir Geoffrey Vos. Chancellor of the High Court set out some definitive guidance as…

GDPR AND THE CIVIL LITIGATOR (1) : USEFUL LINKS FOR LITIGATORS

GDPR AND THE CIVIL LITIGATOR (1) : USEFUL LINKS FOR LITIGATORS

February 4, 2020 · by gexall · in Avoiding negligence claims, Disclosure, Members Content, Useful links

The post earlier this week that highlighted the fact that an applicant had spent £40,000 unsuccessfully trying to obtain documents that would have been freely available under GDPR has led me to contemplate a series of articles on litigators and…

SEEKING FURTHER DISCLOSURE: DON'T GO IMPORTING STONES FROM A NEIGHBOURING QUARRY: DISCLOSURE PILOT PREVAILS

SEEKING FURTHER DISCLOSURE: DON’T GO IMPORTING STONES FROM A NEIGHBOURING QUARRY: DISCLOSURE PILOT PREVAILS

February 2, 2020 · by gexall · in Applications, Civil evidence, Civil Procedure, Disclosure, Members Content

In Maher v Maher & Anor [2019] EWHC 3613 (Ch) HHJ  Hodge (sitting as a High Court Judge) refused an application for disclosure.   There are a number of important points here, including the need for an application for further disclosure to…

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  • IF YOU ARE GOING TO CRITICISE AN EXPERT THIS MUCH YOU SHOULD HAVE RAISED IT AT THE CASE MANAGEMENT HEARING: HIGH COURT REJECTS EACH PARTY'S ATTACKS ON OPPONENT'S EXPERTS
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